Title 42
State Affairs and Government

Chapter 66.2
Pharmaceutical Assistance to Elderly Persons Act

R.I. Gen. Laws § 42-66.2-3

§ 42-66.2-3. Definitions.

As used in this chapter, unless the context requires otherwise:

(1) “Consumer” means any full-time resident of the state who fulfills the eligibility requirements set forth in § 42-66.2-5. Residence for purposes of this chapter shall be in accordance with the definitions and evidence standards set forth in § 17-1-3.1.

(2) “Contractor” means a third party or private vendor capable of administering a program of reimbursement for prescription drugs, and drug program eligibility administrative support as required by the director, the vendor to be determined through a competitive bid process in which the director awards a three-year (3) contract for services.

(3) “Department” means the office of healthy aging.

(4) “Director” means the director of the office of healthy aging.

(5)(i) “Eligible drugs” means insulin, injectable drugs for multiple sclerosis, and shall mean non-injectable drugs which require a physician’s prescription according to federal law and which are contained in the following American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal “Drug Efficacy and Safety Implementation (DESI) Commission” to lack substantial evidence of effectiveness. Eligible drugs are limited to the following classification categories: cardiac drugs, hypotensive drugs, diuretics, anti-diabetic agents, insulin, disposable insulin syringes, vasodilators (cardiac indications only), anticoagulants, hemorreolgic agents, glaucoma drugs, drugs for the treatment of Parkinson’s disease, antilipemic drugs and oral antineoplastic drugs and drugs for the treatment of asthma and other chronic respiratory diseases and prescription vitamin and mineral supplements for renal patients, and drugs approved for the treatment of Alzheimer’s disease, drugs used for the treatment of depression, those drugs approved for the treatment of urinary incontinence, anti-infectives, drugs used for the treatment of arthritis, drugs approved for the treatment of osteoporosis, and neuraminidase inhibiting drugs indicated for the treatment of influenza A and B.

(ii) “Additional drugs” means non-injectable drugs which require a physician’s prescription according to federal law and which are contained in the American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal “Drug Efficacy and Safety Implementation (DESI) Commission” to lack substantial evidence of effectiveness, which are not included in the definition of drugs as defined in this subsection (5). However, this shall not include prescription drugs used for cosmetic purposes.

(6) “Income” for the purposes of this chapter means the sum of federal adjusted gross income as defined in the Internal Revenue Code of the United States, 26 U.S.C. § 1 et seq., and all nontaxable income including, but not limited to, the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief (not including relief granted under this chapter), the gross amount of any pension or annuity (including Railroad Retirement Act benefits, 45 U.S.C. § 231 et seq., all payments received under the federal Social Security Act, 42 U.S.C. § 301 et seq., state unemployment insurance laws, and veterans’ disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, workers’ compensation, and the gross amount of “loss of time” insurance. It does not include gifts from nongovernmental sources, or surplus foods or other relief in kind supplied by a public or private agency.

(7) “Pharmaceutical manufacturer” means any entity holding legal title to or possession of a national drug code number issued by the Federal Food and Drug Administration.

(8) “Pharmacy” means a pharmacy licensed by the state of Rhode Island.

(9) [Deleted by P.L. 2008, ch. 100, art. 8, § 2.]

History of Section.
P.L. 1985, ch. 343, § 1; P.L. 1986, ch. 361, § 1; P.L. 1987, ch. 516, § 1; P.L. 1987, ch. 519, § 1; P.L. 1988, ch. 84, § 31; P.L. 1989, ch. 527, § 1; P.L. 1989, ch. 528, § 1; P.L. 1990, ch. 207, § 1; P.L. 1991, ch. 347, § 1; P.L. 1992, ch. 15, art. 8, § 2; P.L. 1992, ch. 133, art. 52, § 1; P.L. 1995, ch. 252, § 1; P.L. 1998, ch. 31, art. 30, § 1; P.L. 1998, ch. 107, § 1; P.L. 1998, ch. 398, § 1; P.L. 1999, ch. 31, art. 24, § 1; P.L. 1999, ch. 119, § 1; P.L. 1999, ch. 135, § 1; P.L. 1999, ch. 176, § 1; P.L. 1999, ch. 179, § 1; P.L. 2000, ch. 55, art. 30, § 1; P.L. 2000, ch. 143, § 1; P.L. 2000, ch. 187, § 1; P.L. 2000, ch. 253, § 1; P.L. 2001, ch. 77, art. 26, § 1; P.L. 2001, ch. 137, § 1; P.L. 2002, ch. 65, art. 37, § 1; P.L. 2004, ch. 595, art. 41, § 1; P.L. 2006, ch. 246, art. 9, § 1; P.L. 2008, ch. 100, art. 8, § 2.