COMMITTEE SUBSTITUTE
FOR
H. B. 2897
(By Delegates Armstead, Schadler, Azinger,
Douglas, Harrison, Mezzatesta and Leach)
(Originating in the Committee on Finance)
[March 4, 1999]
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 by adding thereto two new sections, designated
sections ten-a and ten-b, all relating to the "senior
citizens prescription drug subsidy program"; enumerating
criteria to be used in determining eligibility to
participate; requiring the bureau for senior services 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 requiring transfer of those
funds into a special account for the program.
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
encountered by the state's older
people citizens;
(d) Encourage and promote the establishment of local
programs and services for the aging;
(e) Conduct
public education programs
of public education on
the problems
of the related to 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 for in section ten-a of
this article by subsidizing, within the funds available, the cost
of prescription drugs for eligible persons over the age of sixty- five.
§16-5P-10a. Senior citizens prescription drug subsidy program.
(a) There is hereby created a senior citizens prescription
drug subsidy program, which shall be administered by the bureau
of senior services in accordance with the provisions of this
section and within the funding made available through the
provisions of section ten-b of this article and any
appropriations:
Provided, That the provisions of this section shall not be construed to require Legislative appropriations.
The program shall be designed to provide a subsidy for
prescription medications purchased by eligible citizens over the
age of sixty-five:
Provided, however, That the otherwise
eligible citizen does not qualify for other third party
reimbursement for prescription drugs. Funds administered as
reimbursement for prescription drugs under the provisions of this
section may be paid directly to qualified pharmaceutical
providers, or the eligible citizen, upon proof of purchase.
(b) The bureau shall propose legislative rules in accordance
with the provisions of article three, chapter twenty-nine-a of
this code, to accomplish the following:
(1) Establish eligibility guidelines for program
participation based on income and the need for the prescription
drugs;
(2) Develop criteria, which is to be applied uniformly, to
determine which pharmaceutical providers may participate in the
program;
(3) Determine the percentage of subsidy to be provided based
on 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) Develop criteria, which is to be applied uniformly, to
determine the circumstances in which a pharmaceutical provider or
eligible person would be declared ineligible; and
(5) Develop a system to verify that the prescription drug has actually been dispensed to the eligible person
§16-5P-10b. Voluntary check-off designation to fund the senior
citizens prescription drug subsidy program; contributions
credited to special fund.
(a) Beginning the first day of January, two thousand, each
West Virginia individual income tax return form shall contain a
designation as follows:
West Virginia Voluntary Senior Citizens Prescription Drug
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
senior citizens prescription drug subsidy 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 the senior
citizens prescription drug subsidy program. 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, in accordance with the provisions set forth in section
ten-a of this article.