BILL REQ. #:  S-0906.3 

Read first time 02/07/2003.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to prescription drugs; adding new sections 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   The legislature finds that access to prescription drugs is vital to the health of many Washington residents. However, increased cost and use of such drugs is straining the resources of many individuals, and public and private entities. The legislature therefore creates this pharmacy access program with the intention of implementing strategies to reduce the cost of prescription drugs to the state and assuring state residents of continued access to necessary, appropriate, and affordable medications.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.09 RCW to read as follows:
     (1) The department shall award prescription drug information and education grants to local government or nonprofit organizations for the design and implementation of programs intended to inform and train persons age sixty-five and older in the safe and appropriate use of prescription and nonprescription medications.
     (2) The grants shall be awarded on a competitive basis, using the following criteria:
     (a) The demonstrated ability of the applicant organization to effectively administer such a program, including appropriate outreach and follow-up;
     (b) The financial and in-kind resources that the applicant organization will bring to the program in addition to those funded by the grant;
     (c) The extent to which the proposed program design reflects a comprehensive understanding of issues related to the safe and appropriate use of prescription drugs by seniors, and how to effectively communicate with the target audience;
     (d) The extent to which the proposed program reflects a collaborative effort between the applicant organization and other health care providers and programs in the location to be served, including doctors, pharmacists, and long-term care providers;
     (e) The extent to which the proposed program will serve as a model that can be replicated by other organizations around the state; and
     (f) Any other criteria deemed appropriate by the department to ensure the quality and cost-effectiveness of the programs funded.
     (3) In awarding the grants, the department shall make every effort to ensure that the programs are geographically dispersed around the state. No single program shall be awarded more than ten thousand dollars annually.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.09 RCW to read as follows:
     (1) The department shall establish and advertise a pharmacy connection program through which health care providers and members of the public can obtain information about manufacturer-sponsored prescription drug assistance programs. The department shall ensure that the program has staff available who can assist persons in procuring free or discounted medications from manufacturer-sponsored prescription drug assistance programs by:
     (a) Determining whether an assistance program is offered for the needed drug or drugs;
     (b) Evaluating the likelihood of a person obtaining drugs from an assistance program under the guidelines formulated;
     (c) Assisting persons with the application and enrollment in an assistance program;
     (d) Coordinating and assisting physicians and others authorized to prescribe medications with communications, including applications, made on behalf of a person to a participating manufacturer for the purpose of obtaining approval of the person in an assistance program; and
     (e) Working with participating manufacturers to simplify the system whereby eligible persons access drug assistance programs, including development of a single application form and uniform enrollment process.
     (2) Implementation of the program shall initially target senior citizens and shall include a toll-free telephone number, available during regular business hours, that may be used to obtain information.
     (3) The department may apply for and accept grants or gifts and may enter into contracts with other state agencies or private organizations to assist with the implementation of this program including, but not limited to, contracts, gifts, or grants from pharmaceutical manufacturers to assist with the direct costs of the program.
     (4) The department shall notify pharmaceutical companies doing business in Washington of the pharmacy connection program. Any pharmaceutical company that does business in this state and that offers a pharmaceutical assistance program shall notify the department of the existence of the program, the drugs covered by the program, and all information necessary to apply for assistance under the program.
     (5) For purposes of this section, "manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical company through which the company provides a drug or drugs to eligible persons at no charge or at a reduced cost. The term does not include the provision of a drug as part of a clinical trial.

NEW SECTION.  Sec. 4   A new section is added to chapter 74.09 RCW to read as follows:
     The department shall submit and, upon approval, implement a section 1115 research and demonstration waiver request to the federal centers for medicare and medicaid services to establish a medicaid senior prescription drug assistance program. The program shall:
     (1) Cover persons age sixty-five years old or older with household incomes up to one hundred fifty percent of the federal poverty level who otherwise lack prescription drug insurance coverage;
     (2) Provide a pharmacy benefit as comprehensive as that provided in the current Washington medicaid state plan; and
     (3) Include reasonable enrollee premiums and cost sharing.
     The department shall limit enrollment as necessary to prevent an over expenditure of the program's appropriation.