as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; expanding eligibility for 1.3 the senior drug program; appropriating money; amending 1.4 Minnesota Statutes 1998, section 256.955, subdivisions 1.5 1 and 2; Minnesota Statutes 1999 Supplement, section 1.6 256.955, subdivisions 4, 8, and 9. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 256.955, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 1.11 services shall establish and administer asenior citizen1.12 prescription drug program. Qualifiedsenior citizens1.13 individuals shall be eligible for prescription drug coverage 1.14 under the program beginning no later than January 1, 1999. 1.15 Sec. 2. Minnesota Statutes 1998, section 256.955, 1.16 subdivision 2, is amended to read: 1.17 Subd. 2. [DEFINITIONS.] (a) For purposes of this section, 1.18 the following definitions apply. 1.19 (b) "Health plan" has the meaning provided in section 1.20 62Q.01, subdivision 3. 1.21 (c) "Health plan company" has the meaning provided in 1.22 section 62Q.01, subdivision 4. 1.23 (d) "Qualifiedsenior citizenindividual" means an 1.24 individual age 65 or older, or an individual under age 65 who is 1.25 a Medicare enrollee, who: 1.26 (1)is eligible as a qualified Medicare beneficiary2.1according to section 256B.057, subdivision 3 or 3a, or is2.2eligible under section 256B.057, subdivision 3 or 3a, and is2.3also eligible for medical assistance or general assistance2.4medical care with a spenddown as defined in section 256B.056,2.5subdivision 5. Persons who are determined eligible for medical2.6assistance according to section 256B.0575, who are eligible for2.7medical assistance or general assistance medical care without a2.8spenddown, or who are enrolled in MinnesotaCare, are not2.9eligible for this programhas a household income that does not 2.10 exceed 200 percent of the federal poverty guidelines for family 2.11 size, using the income methodologies specified for aged, blind, 2.12 or disabled persons in section 256B.056, subdivision 1a; 2.13 (2) is not enrolled in prescription drug coverage under a 2.14 health plan; 2.15 (3) is not enrolled in prescription drug coverage under a 2.16 Medicare supplement plan, as defined in sections 62A.31 to 2.17 62A.44, or policies, contracts, or certificates that supplement 2.18 Medicare issued by health maintenance organizations or those 2.19 policies, contracts, or certificates governed by section 1833 or 2.20 1876 of the federal Social Security Act, United States Code, 2.21 title 42, section 1395, et seq., as amended; 2.22 (4) has not had coverage described in clauses (2) and (3) 2.23 for at leastfourtwo months prior to application for the 2.24 program;and2.25 (5) is a permanent resident of Minnesota as defined in 2.26 section 256L.09; 2.27 (6) is not enrolled in MinnesotaCare; and 2.28 (7) is not eligible for medical assistance or general 2.29 assistance medical care without a spenddown. 2.30 Sec. 3. Minnesota Statutes 1999 Supplement, section 2.31 256.955, subdivision 4, is amended to read: 2.32 Subd. 4. [APPLICATION PROCEDURES AND COORDINATION WITH 2.33 MEDICAL ASSISTANCE.] (a) Applications and information on the 2.34 program must be made available at county social service 2.35 agencies, health care provider offices, and agencies and 2.36 organizations serving senior citizens and persons with 3.1 disabilities.Senior citizensIndividuals shall submit 3.2 applications and any information specified by the commissioner 3.3 as being necessary to verify eligibility directly to the county 3.4 social service agencies: 3.5 (1) beginning January 1, 1999, the county social service 3.6 agency shall determine medical assistance spenddown eligibility 3.7 of individuals who qualify for thesenior citizenprescription 3.8 drug programof individuals; and 3.9 (2) program payments will be used to reduce the spenddown 3.10 obligations of individuals who are determined to be eligible for 3.11 medical assistance with a spenddown as defined in section 3.12 256B.056, subdivision 5. 3.13SeniorsQualified individuals who are eligible for medical 3.14 assistance with a spenddown shall be financially responsible for 3.15 the deductible amount up to the satisfaction of the spenddown. 3.16 No deductible applies once the spenddown has been met. Payments 3.17 to providers for prescription drugs for persons eligible under 3.18 this subdivision shall be reduced by the deductible. 3.19 County social service agencies shall determine an 3.20 applicant's eligibility for the program within 30 days from the 3.21 date the application is received. Eligibility begins the month 3.22 after approval. 3.23 (b) The commissioner shall develop an application form for 3.24 the prescription drug program that does not exceed three pages 3.25 in length, and which is separate from the application form for 3.26 other health care programs administered by the commissioner. 3.27 The commissioner shall make this form available to applicants by 3.28 January 1, 2001. 3.29 Sec. 4. Minnesota Statutes 1999 Supplement, section 3.30 256.955, subdivision 8, is amended to read: 3.31 Subd. 8. [REPORT.] (a) The commissioner shall annually 3.32 report to the legislature on thesenior citizenprescription 3.33 drug program. The report must include demographic information 3.34 on enrollees, per-prescription expenditures, total program 3.35 expenditures, hospital and nursing home costs avoided by 3.36 enrollees, any savings to medical assistance and Medicare 4.1 resulting from the provision of prescription drug coverage under 4.2 Medicare by health maintenance organizations, other public and 4.3 private options for drug assistance to theseniorcovered 4.4 population, any hardships caused by the annual deductible, and 4.5 any recommendations for changes in theseniorprescription drug 4.6 program. 4.7 (b) If the federal government expands Medicare prescription 4.8 drug coverage, the commissioner shall recommend to the 4.9 legislature any statutory changes necessary to coordinate the 4.10 prescription drug program with the expanded Medicare 4.11 prescription drug coverage. 4.12 Sec. 5. Minnesota Statutes 1999 Supplement, section 4.13 256.955, subdivision 9, is amended to read: 4.14 Subd. 9. [PROGRAM LIMITATION.] The commissioner shall 4.15 administer theseniorprescription drug program so that the 4.16 costs total no more than funds appropriated plus the drug rebate 4.17 proceeds.SeniorPrescription drug program rebate revenues are 4.18 appropriated to the commissioner and shall be expended to 4.19 augment funding of theseniorprescription drug program. New 4.20 enrollment shall cease if the commissioner determines that, 4.21 given current enrollment, costs of the program will exceed 4.22 appropriated funds and rebate proceeds.This section shall be4.23repealed upon federal approval of the waiver to allow the4.24commissioner to provide prescription drug coverage for qualified4.25Medicare beneficiaries whose income is less than 150 percent of4.26the federal poverty guidelines.4.27 Sec. 6. [INSTRUCTION TO REVISOR.] 4.28 The revisor of statutes shall change the phrase "senior 4.29 citizen drug program" wherever it appears in the next edition of 4.30 Minnesota Statutes and Minnesota Rules to "prescription drug 4.31 program." 4.32 Sec. 7. [APPROPRIATION.] 4.33 $....... is appropriated from the health care access fund 4.34 to the commissioner of human services for the fiscal year ending 4.35 June 30, 2001, to implement sections 1 to 5.