H. B. 2897
(By Delegates Armstead, Schadler, Azinger,
Douglas, Harrison, Mezzatesta and Leach)
[Introduced February 25, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section six, article five-p, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article five-p by adding thereto two new sections,
designated sections ten-a and ten-b, all relating to the
"elderly prescription drug assistance program;" enumerating
criteria to be used in determining eligibility to benefit
from the program; requiring the bureau of senior citizens to
administer the program; providing a voluntary check-off
designation of personal income tax forms upon which
taxpayers may designate that a certain portion of any refund
be donated to the fund; and creation of the elderly
prescription drug assistance program fund.
Be it enacted by the Legislature of West Virginia:
That section six, article five-p, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be
further amended by adding thereto two new sections, designated
sections ten-a and ten-b, all to read as follows:
ARTICLE 5P. SENIOR SERVICES.
§16-5P-6. Powers and duties generally.
The commissioner shall be the executive and administrative
head of the bureau and shall have the power and duty to:
(a) Exercise general supervision of the bureau;
(b) Propose legislative rules for the effective and
expeditious performance and discharge of the duties and
responsibilities placed upon the commissioner by law;
(c) Conduct and coordinate studies of the problems of the
state's older people;
(d) Encourage and promote the establishment of local
programs and services for the aging;
(e) Conduct programs of public education on the problems of
the aging;
(f) Review state programs for the aging, and annually make
recommendations to the governor and the Legislature;
(g) Encourage and assist governmental and private agencies
to coordinate effective efforts on behalf of the aging;
(h) Coordinate statewide local and voluntary efforts to serve the aging and develop programs at the local level;
(i) Supervise fiscal management and responsibilities of the
bureau;
(j) Keep an accurate and complete record of all bureau
proceedings, record and file all bonds and contracts and assume
responsibility for the custody and preservation of all papers and
documents of the bureau;
(k) Submit an annual report to the governor on the
condition, operation and functioning of the bureau;
(l) Invoke any legal or special remedy for the enforcement
of orders or the provisions of this chapter;
(m) Standardize administration, expedite bureau business,
revise rules and promote the efficiency of the service;
(n) Provide a program of continuing professional, technical
and specialized instruction for the personnel of the bureau and
local service providers;
and
(o) Receive on behalf of the state any grant or gift and
accept the same, so that the title shall pass to the state. All
moneys from grants or gifts shall be deposited with the state
treasurer in a special fund and shall be used for the purposes
set forth in the grant or gift;
and
(p) Administer the program provided in section ten-a of this
article by dispensing sums as subsidies for prescription drugs
provided to persons over the age of sixty-five by qualified pharmaceutical providers.
§16-5P-10a. Program providing for subsidies for prescription
drug charges to seniors.
(a) The bureau shall, from those funds received pursuant to
the voluntary check-off designation as provided in section ten-b
of this article, administer funds in accordance with the
provisions of this section, to assist in providing prescription
drugs to persons over the age of sixty-five who do not qualify
for public assistance by virtue of being above the federal
poverty level but who do not otherwise have adequate income to
afford the cost of the particular prescription drugs for which
they are in need. Funds administered as payment for prescription
drugs under the provisions of this section shall be paid directly
to qualified pharmaceutical providers upon proof of provision of
the covered prescription drug to an eligible person.
(b) The bureau shall propose legislative rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code in order to accomplish the following
in the administration of moneys to subsidize qualified persons
for the cost of prescription drugs:
(1) Provide guidelines of eligibility under the program for
persons over the age of sixty-five years based on income and the
need for prescription drugs;
(2) Determine, based on the uniform application of criteria,
which providers of pharmaceuticals are permitted to participate
in the program;
(3) Determine the percentage of subsidy to provide, taking
into account the cost of the particular prescription drug, the
availability of an equivalent generic prescription drug, and the
amount of funds available in the account;
(4) Provide criteria to be applied uniformly designed to
determine whether an eligible pharmaceutical provider or eligible
person receiving prescription drugs under this program should be
declared ineligible; and
(5) Provide for a method to verify a prescription drug has
actually been dispensed to an eligible person before making
payment of a subsidy.
§16-5P-10b. Voluntary check-off designation to fund the elderly prescription drug assistance program;
contributions credited to special fund.
(a) Each West Virginia individual income tax return form shall
contain a designation as follows:
West Virginia Voluntary Elderly Prescription Drug check-off
Program
Check ( ) if you wish to designate $1, $5, $10 or more of
your tax refund for this program. If joint return, check ( ) if spouse wishes to designate $1, $5, $10 or more.
(b) Each individual taxpayer desiring to contribute to the
voluntary elderly prescription drug program may so designate by
placing an "X" in the appropriate box on the state income tax
return form. His or her contribution shall be credited to the
program.
(c) The tax department shall determine by the first day of
July of each year the total amount designated pursuant to this
section and shall report the amount to the state treasurer who
shall credit the amount to a special account for elderly
prescription drug program fund. The bureau shall use the moneys
received from the voluntary check-off program, and any additional
amounts contributed to or appropriated to the special account for
elderly prescription drug program fund, as needed and available,
in accordance with the purposes set forth in section ten-a of
this article.
NOTE: The purpose of this bill is to create the "elderly
prescription drug assistance program." Provisions of the bill
include: (1) Enumerating criteria to be used in determining
eligibility to benefit from the program; (2) requiring the bureau
of senior citizens to administer the program; (3) providing a
voluntary check-off designation of personal income tax forms upon
which taxpayers may designate that a certain portion of any
refund be donated to the fund; and (4) creating the elderly
prescription drug assistance program fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.
Section 10-a and 10-b are new; therefore, strike-throughs
and underscoring have been omitted.