CHAPTER 108


98-S 2123
Enacted 7/3/98


A N     A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PHARMACEUTICAL ASSISTANCE TO THE ELDERLY

Introduced By: Senators Fogarty, Izzo, Roberts, Enos and Connors

Date Introduced : January 14, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-66.2-5 of the General Laws in Chapter 42-66.2 entitled "Pharmaceutical Assistance to the Elderly" is hereby amended to read as follows:

42-66.2-5. Persons eligible. -- (a) Persons eligible for assistance under the provisions of this section shall include: (1) any unmarried resident or married resident living separate and apart, of the state who is at least sixty-five (65) years of age whose income for the calendar year immediately preceding the year in which assistance is sought does not exceed twelve thousand dollars ($12,000); and (2) any married resident of the state who is at least sixty-five (65) years of age and whose income for the calendar year immediately preceding the year in which assistance is sought hereunder when combined with any income of the person's spouse in the same year does not exceed fifteen thousand dollars ($15,000). Eligibility may also be determined by using income data for the ninety (90) days prior to application for benefits and projecting that income on an annual basis. The income levels shall not include those sums of money expended for medical and pharmaceutical that exceed three percent (3%) of applicant's annual income or three percent (3%) of applicant's preceding ninety (90) day income computed on an annual basis.

(b) On July first of each year commencing in 1991, the maximum amount of allowable income for both unmarried and married residents set forth in subsection (a) shall be increased by a percentage equal to the percentage of the cost of living adjustment provided for social security recipients.

(c) Notwithstanding the foregoing provisions of this section, no person whose prescription drug expenses are paid or reimbursable, either in whole or in part, by any other plan of assistance or insurance shall be eligible for assistance under this section, {DEL except DEL} {ADD until the person's prescription drug coverage is exhausted during a benefit year, and ADD} as provided in subsection (d).

(d) The fact that some of a person's prescription drug expenses are paid or reimbursable under the provisions of medicare, part B, shall not disqualify said person, if he or she is otherwise eligible, to receive assistance under this chapter. In such cases, the state shall pay sixty percent (60%) of the cost of those prescriptions for qualified drugs for which no payment or reimbursement is made by the federal government.

SECTION 2. This act shall take effect upon passage.



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