H-1478.1 _______________________________________________
HOUSE BILL 2022
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Alexander and Pennington
Read first time 02/12/2001. Referred to Committee on Health Care.
AN ACT Relating to prohibiting therapeutic substitution by the medical assistance administration; amending RCW 74.09.010; adding a new section to chapter 74.09 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It is the intent of the legislature to protect the states' most vulnerable population, the aged, blind, disabled, and mentally ill in the medicaid fee for service program. The legislature finds that restricting patients' access to important prescription drugs by means of unproven programs such as the proposed therapeutic substitution program may jeopardize patients' health and result in higher costs to the state from increased use of other medical services.
Sec. 2. RCW 74.09.010 and 1990 c 296 s 6 are each amended to read as follows:
As used in this chapter:
(1) "Children's health program" means the health care services program provided to children under eighteen years of age and in households with incomes at or below the federal poverty level as annually defined by the federal department of health and human services as adjusted for family size, and who are not otherwise eligible for medical assistance or the limited casualty program for the medically needy.
(2) (("Committee"
means the children's health services committee created in section 3 of this
act.
(3))) "County" means the board of county
commissioners, county council, county executive, or tribal jurisdiction, or its
designee. A combination of two or more county authorities or tribal
jurisdictions may enter into joint agreements to fulfill the requirements of
RCW 74.09.415 through 74.09.435.
(((4))) (3)
"Department" means the department of social and health services.
(((5))) (4)
"Department of health" means the Washington state department of
health created pursuant to RCW 43.70.020.
(((6))) (5)
"Internal management" means the administration of medical assistance,
medical care services, the children's health program, and the limited casualty
program.
(((7))) (6)
"Limited casualty program" means the medical care program provided to
medically needy persons as defined under Title XIX of the federal social
security act, and to medically indigent persons who are without income or
resources sufficient to secure necessary medical services.
(((8))) (7)
"Medical assistance" means the federal aid medical care program
provided to categorically needy persons as defined under Title XIX of the
federal social security act.
(((9))) (8)
"Medical care services" means the limited scope of care financed by
state funds and provided to general assistance recipients, and recipients of
alcohol and drug addiction services provided under chapter 74.50 RCW.
(((10))) (9)
"Nursing home" means nursing home as defined in RCW 18.51.010.
(((11))) (10)
"Poverty" means the federal poverty level determined annually by the
United States department of health and human services, or successor agency.
(((12))) (11)
"Secretary" means the secretary of social and health services.
(12) "Therapeutic substitution" means the dispensing of a therapeutic alternative or preferred drug instead of the original drug product prescribed, in accordance with either established written therapeutic interchange guidelines or protocols from the prescriber for the pharmacist to follow or as a result of a patient-specific consultation between the pharmacist and the prescriber.
NEW SECTION. Sec. 3. A new section is added to chapter 74.09 RCW to read as follows:
The medical assistance administration shall not restrict access to prescription medication through use of therapeutic substitution or other similar programs.
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