H. B. 2061
(By Delegate Armstead)
[Introduced January 9, 2003; referred to the
Committee on Health and Human Resources then Government
Organization.]
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"; clarifying the duties of
the commissioner of health and human resources as executive
and administrative head of the bureau of senior services;
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 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 four,
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.
NOTE: The purpose of this bill is to create the "senior
citizens prescription drug subsidy program." Provisions of the
bill include: (1) Clarify the duties of the commission of health
and human resources as executive and administrative head of the
bureau of senior services; (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 senior citizens
prescription drug subsidy program fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§16-5P-10a and 10b are new; therefore, strike-throughs and
underscoring have been omitted.