05RS SB23

SB23

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SB 23 (BR 48) - J. Denton, W. Blevins Jr, D. Boswell, T. Buford, D. Harper Angel, A. Kerr, D. Mongiardo, J. Pendleton, J. Rhoads, R. Roeding, E. Scorsone, E. Tori, J. Turner

     AN ACT relating to a legend drug repository program and declaring an emergency.
     Create various new sections of KRS 194A to define terms; create a cancer drug repository program to support the donation of a cancer drug or supplies needed to administer a cancer drug for use by individuals who meet the eligibility criteria established by the Cabinet for Health Services; authorize eligible health facilities to accept the donations; specify the safety requirements that donations must meet; prohibit the resale of donated cancer drugs and supplies necessary to administer the cancer drugs; require that the cancer drugs be ordered by a physician, advanced registered nurse practitioner, or physician assistant prior to dispensing by a pharmacist; require a pharmacist to inspect the donations prior to dispensing; require the cabinet to promulgate administrative regulations to implement the program; and establish standards for prioritizing the dispensations to individuals who are uninsured or indigent, or to others if an uninsured or indigent individual is unavailable.

SB 23 - AMENDMENTS


     SCS - Retain original proceedings, except permit all drugs to be donated, excluding controlled substances; extend immunity from civil and criminal liability to drug manufacturers for drugs that are donated to the program, and extend immunity from civil liability to participating health facilities, pharmacies, and health care providers, except in the exercise of bad faith; and prohibit disciplinary action for unprofessional conduct from being taken against participating health facilities, pharmacies, and health care providers for acts or omissions relating to donating, accepting, distributing, or dispensing a drug, unless the act or omission involves reckless, wanton, or intentional misconduct.

     SCA (1/Title, J. Denton) - Make title amendment.

     HCS (1) - Clarify that immunity for a participating drug manufacturer and health care provider does not extend if the manufacturer or provider fails to provide ordinary care to persons receiving drugs in the program.

     HCS (2) - Create new sections of KRS 205.510 to 205.645 to define "asset test," "commissioner," "contractor," "department," "enrollee," "federal poverty guidelines," "liquid assets," "Medicaid dual eligible," "Medicare Modernization Act," "Medicare Part D prescription drug benefit," "participating pharmacy," "prescription drug plan," "program," "and resident"; create the Kentucky Pharmaceutical Assistance Program within the Department for Medicaid Services contingent upon approval from the federal Centers for Medicare and Medicaid Services to coordinate prescription drug coverage with the prescription drug benefit under the Medicare Modernization Act; establish eligibility guidelines for participants, to include persons 65 or older, disabled and enrolled in Medicare, with a household income at or below 150% of poverty level, meet the asset test, not have other prescription drug coverage, and not be a member of a retirement plan with a drug benefit under the Medicare Modernization Act; establish enrollment priority to include Medicaid dual eligibles, and then applicants with household income up to 150% of the federal poverty guidelines; set the enrollment process for dual eligibles to take effect by October 1, 2005; and allow persons to opt out; provide for administration of the program, which may be done by contract, require department to prescribe the application and enrollment process, allow department to determine drugs to be covered by the plan, and allow department to negotiate with manufacturers for rebates; provide for benefits to begin by January 1, 2006; limit benefits to the amount of appropriations, with the program as a payor of last resort; clarify that a resident must have lived in the state for at least 90 days prior to receipt of the application by the department; require department to create standards for documenting proof of residence.

     HCA (1/Title, T. Burch) - Make title amendment.

     HFA (1, J. Lee) - Create new sections of KRS 205.510 to 205.645 to define "asset test," "commissioner," "contractor," "department," "enrollee," "federal poverty guidelines," "liquid assets," "Medicaid dual eligible," "Medicare Modernization Act," "Medicare Part D prescription drug benefit," "participating pharmacy," "prescription drug plan," "program," "and resident"; create the Kentucky Pharmaceutical Assistance Program within the Department for Medicaid Services to coordinate prescription drug coverage with the prescription drug benefit under the Medicare Modernization Act; establish eligibility guidelines for participants, to include persons 65 or older, disabled and enrolled in Medicare, with a household income at or below 150% of poverty level, meet the asset test, not have other prescription drug coverage, and not be a member of a retirement plan with a drug benefit under the Medicare Modernization Act; establish enrollment priority to include Medicaid dual eligibles, and then applicants with household income up to 150% of the federal poverty guidelines; set the enrollment process for dual eligibles to take effect by October 1, 2005, and allow persons to opt out; provide for administration of the program, which may be done by contract; provide for benefits to begin by January 1, 2006; limit benefits to the amount of appropriations, with the program as a payor of last resort; clarify that a resident must have lived in the state for at least 90 days prior to receipt of the application by the department.

     CCR - Cannot agree.

     FCCR - Make title amendment; delete redundant language requiring approval of the Kentucky Pharmaceutical Assistance Program by the Centers for Medicare and Medicaid Services.

     Jan 4-introduced in Senate
     Jan 7-to Health and Welfare (S)
     Feb 7-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, February 9, 2005
     Feb 9-3rd reading, passed 36-0 with Committee Substitute, committee amendment (1-title)
     Feb 10-received in House
     Feb 11-to Health and Welfare (H)
     Feb 17-posted in committee
     Feb 24-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 25-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 28, 2005
     Feb 28-floor amendment (1) filed to Committee Substitute
     Mar 3-taken from the Regular Orders of the Day; recommitted to Health and Welfare (H); reported favorably, to Rules with Committee Substitute (2), committee amendment (1-title)
     Mar 4-posted for passage in the Regular Orders of the Day; 3rd reading, passed 96-0 with Committee Substitute (2); received in Senate
     Mar 8-posted for passage for concurrence in House Committee Substitute (2) on Tuesday, March 8, 2005; Senate refused to concur in House Committee Substitute (2); received in House; posted for passage for receding from House Committee Substitute (2); House refused to recede from Committee Substitute (2); Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report adopted in House; Bill passed 80-0; Free Conference Committee report adopted in Senate; Bill passed 34-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 136)


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