H. B. 4789
(By Delegates Michael, Jenkins, Doyle, Leach,
Cann, Ashley and Border)
(Originating in the Committee on Finance)
[February 29, 2000]
A BILL to amend article sixteen, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding a new section, designated section ten-a, relating
to establishing a new program within the public employees
insurance agency; creating a prescription drug program for
senior citizens, defining eligibility, authorizing contract
amendments, and requiring reporting.
Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten-
a, to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-10a. Seniors prescription drug program.
(a) The executive director of the public employees
insurance agency is authorized to establish a separate program
for the purchase of prescription drugs by citizens of this state above the age of sixty-five who have been continuously uninsured
for prescription drug benefits for the immediately preceding
(b) Upon the effective date of this section, the executive
director may amend any existing prescription benefit program
contract, or enter into a separate contract, to establish the
prescription benefit program authorized in this section:
Provided, That for a new contract, the provisions of section nine
of this article shall apply.
(c) Upon determining that an applicant is eligible for
participation, the agency shall issue a prescription benefit
program card that entitles the participant to receive the lowest
pharmacy discount offered to the public employees insurance
agency, as determined by the executive director.
(d) The finance board may not provide any subsidy to this
program without further legislative action. Nothing in this
section shall be construed as to require an appropriation for
(e) For purposes of legislative reporting, the executive
director is to allocate a pro rata portion of any pharmaceutical
company rebates returning to the agency and attributable to this
program, from which he or she may deduct any costs associated
with administration of the program.
Section ten-a is new; therefore, strike-throughs and
underscoring have been omitted.