HOUSE Substitute for SENATE BILL No. 268
regulations; prescribing powers, duties and functions for the secretary of aging; amend-
ing K.S.A. 2002 Supp. 75-5961 and repealing the existing section; also repealing K.S.A.
Section 1. K.S.A. 2002 Supp. 75-5961 is hereby amended to read as
follows: 75-5961. (a) Within the limits of appropriations therefor, the
secretary of aging shall establish a senior pharmacy assistance program in
accordance with the provisions of this section. The senior pharmacy as-
sistance program shall provide financial assistance to eligible individuals
for the purchase of prescription drugs.
(b) The secretary of aging shall adopt rules and regulations establish-
ing eligibility for the senior pharmacy assistance program subject to the
(1) An individual to be eligible for the program must be 67 65 years
of age or older,
(2) unless modified as provided in K.S.A. 2002 Supp. 75-5962 and
amendments thereto, an eligible individual's income must not exceed
150% 200% of the federal poverty guidelines for a one person family unit
and the individual's household income must not exceed 150% 200% of
the federal poverty guidelines for a two person family unit,
(3) an eligible individual must not qualify for funding from any other
local, state or federal prescription drug program,
(4) an eligible individual must not be covered under any private pre-
scription reimbursement plan, and
(5) an eligible individual must not have voluntarily canceled a local,
state or federal prescription drug program or a private prescription re-
imbursement plan, except in an incidence of financial hardship, within
six months prior to application for enrollment in the senior pharmacy
(6) unless modified as provided in K.S.A. 2002 Supp. 75-5962 and
amendments thereto, prescription drugs eligible for reimbursement shall
be limited to maintenance drugs for specified disease states,
(7) a copayment of 30% of the cost of each prescription shall be
(8) unless modified as provided in K.S.A. 2002 Supp. 75-5962 and
amendments thereto, a maximum annual drug benefit of $1,200 shall be
established for each eligible individual, and
(9) the pharmacy cost reimbursement and dispensing fee shall be
established by the secretary of aging.
(c) The secretary of aging shall adopt rules and regulations as nec-
essary to implement the provisions of the senior pharmacy assistance pro-
gram at a level that can be supported within appropriated funds available
therefor. The secretary of aging shall adopt rules and regulations which
establish the benefits, limitations and cost-sharing requirements for the
senior pharmacy assistance program. Enrollment in the program shall be
in accordance with applications and procedures established by the sec-
retary of aging.
(d) Appropriations for the senior pharmacy assistance program shall
be from the interest or earnings from the senior services trust fund and
shall be made in accordance with appropriation acts The provisions of
this section and the senior pharmacy assistance program are hereby sus-
pended on the day upon which payments commence under any federal
law enacted on or after the effective date of this act which provides fi-
nancial assistance for the purchase of prescription drugs to individuals
eligible for financial assistance for the purchase of prescription drugs.
(e) As used in this section:
(1) ``Income'' means income from whatever source derived; and
(2) ``federal poverty guidelines'' means the most recent poverty
guidelines as published annually in the federal register by the United
States department of health and human services.
Sec. 2. K.S.A. 2002 Supp. 75-5961 and 75-5962 are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
Approved May 22, 2002.
Date Composed: 10/29/2003 Date Modified: 10/29/2003