AN
ACT Relating to the distribution of atypical antipsychotic medications to
underserved populations; creating new sections; and providing an expiration
date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that schizophrenia is a devastating and costly disease.
Atypical antipsychotic medications have been developed for treatment of
schizophrenia and other similar psychiatric and neurological conditions, which
have been effective at treating these conditions with less severe side effects
than the side effects that accompany typical antipsychotics. Atypical
antipsychotic medications are commonly prescribed and are within the standard
of care. In order to protect the public health, safety, and welfare, and
reduce the economic and societal costs associated with untreated schizophrenia
and other similar psychiatric and neurological conditions, the legislature
intends to promote access to atypical antipsychotic medications by those unable
to access them and who present a risk of harm to themselves and to the
community.
NEW
SECTION. Sec. 2. (1)
To the extent funds are appropriated, the department of social and health
services shall request proposals that promote access to atypical antipsychotic
medications to persons who meet the following criteria:
(a)
The person has schizophrenia or other psychiatric or neurological condition
that is treated with atypical antipsychotic medication;
(b)
The person's income is less than two hundred percent of the federal poverty
level; and
(c)
The person is not covered by insurance or other benefit that pays for atypical
antipsychotic medications. The person may have a copayment requirement under
available coverage, which is cost prohibitive for the person given his or her
income level, which would not disqualify the person under the requirement of
this section.
(2)
Contracts shall be awarded to contractors whose proposal meets the following
criteria:
(a)
Has a distribution mechanism that achieves cost savings in service delivery and
medication costs;
(b)
Targets children and adults who are transitioning out of state or local
correctional or detention facilities or who have recently received mental
health services under chapter 71.05 or 71.34 RCW;
(c)
Is based on a clear statement of intended outcomes which are objective and
identified in the proposal;
(d)
Is designed to provide temporary access to these atypical antipsychotic
medications until the person has obtained coverage or achieved financial
capacity to retain them;
(e)
Proposes to dispense the atypical antipsychotic medications as a part of a
comprehensive program designed to achieve an improved mental status and stable
living situation; and
(f)
Maximizes cost savings of the atypical antipsychotic medications.
(3)(a)
"Atypical antipsychotic medications" means drugs with a
pharmacological classification of dibenzodiazepines, benzisoxazoles,
thienobenzodiazepines, and dibenzothiazepines, and such other drugs as are defined
in rule by the department which have the same or very similar utility in
treating schizophrenia or other similar psychiatric and neurological
conditions.
(b)
"Access to atypical antipsychotic medications" includes:
(i)
Pharmaceutical companies participating in this program shall increase access to
their products for the targeted population through intensive outreach to their
respective indigent drug programs as of the effective date of this act. The
eligibility criteria of their respective indigent drug programs shall not be
changed to decrease access or availability from the criteria as they exist on
March 15, 2000; and
(ii)
Other drugs or laboratory tests when used in conjunction with the atypical
antipsychotic medications to achieve maximum therapeutic effect, or to treat
side effects.
(4)
Nothing in this section creates or provides any individual with an entitlement
to services or benefits. It is the intent of the legislature that atypical
antipsychotic medications shall be made available under this section only to
the extent of the availability and level of appropriation made by the
legislature.
(5)
The distribution mechanism shall require successful recipients to comply with
data collection needs of the Washington institute for public policy.
(6)
The department is authorized to establish rules necessary to implement the
provisions of this act.
NEW
SECTION. Sec. 3. (1)
The Washington institute for public policy shall conduct an evaluation of this
act to determine the following:
(a)
Outcomes for persons receiving atypical antipsychotic medications under the
provisions of this act, including, but not limited to the person's: (i)
Ability to perform basic living skills and maintain a job; (ii) adherence to
medication regimens; (iii) number of inpatient placement or acute care services
after having received atypical antipsychotic medications; and (iv) criminal
conviction record for further offenses, if any, after having received atypical
antipsychotic medications;
(b)
The extent to which this act increases access to atypical antipsychotic
medications to the targeted population; and
(c)
The uniformity by health care providers in prescribing atypical antipsychotic
medications among the population identified under the provisions of this act.
(2)
The Washington institute for public policy shall identify the number of
children and the number of adults served; and outcomes, access, and uniformity
for both children and adults.
(3)
The Washington institute for public policy shall report to the legislature by
January 1, 2002.
NEW SECTION. Sec. 4. This
act expires June 30, 2002.
