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Substitute Senate Bill No. 8

Public Act No. 04-101

AN ACT CONCERNING THE PROCUREMENT OF CANADIAN PRESCRIPTION DRUGS AND THE USE OF MEDICARE PRESCRIPTION DRUG DISCOUNT CARDS UNDER THE CONNPACE PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) The Commissioner of Social Services shall evaluate the feasibility, health and safety, legal sufficiency and cost effectiveness of reimporting prescription drugs from Canada under the ConnPACE program. The commissioner shall also evaluate the feasibility of waiving the copayment for such prescription drugs under the ConnPACE program. Not later than January 1, 2005, the commissioner shall submit a report on such evaluation to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the select committee of the General Assembly having cognizance of matters relating to aging. The commissioner shall submit the report in accordance with section 11-4a of the general statutes.

Sec. 2. Subsection (d) of section 17b-492 of the general statutes, as amended by section 15 of public act 03-2, section 58 of public act 03-3 of the June 30 special session and section 1 of public act 04-6, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) (1) As a condition of eligibility for participation in the ConnPACE program, a resident with an income at or below one hundred thirty-five per cent of the federal poverty level, who is Medicare Part A or Part B eligible, shall obtain annually an endorsed Medicare prescription drug discount card designated by the Commissioner of Social Services for use in conjunction with the ConnPACE program. The commissioner shall be the authorized representative of such resident for the purpose of enrolling a resident in the transitional assistance program of Public Law 108-173, the Medicare Prescription Drug Improvement and Modernization Act of 2003. As the authorized representative for this purpose, the commissioner may sign required forms and enroll such resident in an endorsed Medicare prescription drug discount card on his or her behalf. Such resident shall have the opportunity to select an endorsed Medicare prescription drug discount card designated by the commissioner for use in conjunction with the ConnPACE program, and shall be notified of such opportunity by the commissioner. In the event that such resident does not select an endorsed Medicare prescription drug discount card designated by the commissioner for use in conjunction with the ConnPACE program within a reasonable period of time, as determined by the commissioner, the department shall enroll the resident in an endorsed Medicare prescription drug discount card designated by the commissioner.

(2) The commissioner may require, as a condition of eligibility for participation in the ConnPACE program, that a resident with an income above one hundred thirty-five per cent of the federal poverty level, who is Medicare Part A or Part B eligible, obtain an endorsed Medicare prescription drug discount card designated by the commissioner for use in conjunction with the ConnPACE program if obtaining such discount card is determined by the commissioner to be cost-effective to the state. In such an event, the commissioner may provide payment for any Medicare prescription drug discount card enrollment fees.

Approved April 28, 2004