SEVENTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY,  2002  

652H0471

HOUSE BILL   NO.     1246

Introduced by: Representatives Brown (Richard), Adelstein, Burg, Davis, Hennies (Thomas), Kooistra, Lange, Olson (Mel), and Slaughter and Senators Brown (Arnold), Hutmacher, McIntyre, and Olson (Ed)

         FOR AN ACT ENTITLED, An Act to  create the South Dakota senior citizen pharmaceutical assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  There is hereby established the South Dakota senior citizen pharmaceutical assistance program within the Department of Social Services. Any person who is at least sixty- five years of age and eligible for the long-term care alternatives program is eligible for the South Dakota senior citizen pharmaceutical assistance program. The South Dakota senior citizen pharmaceutical assistance program shall assist senior citizens in paying for pharmaceutical drugs that provide treatment for chronic conditions.
     Section  2.  The Department of Social Services shall promulgate rules, pursuant to chapter 1- 26, to provide for the following:

             (1)    Establish a copayment;

             (2)    Establish a deductible;

             (3)    Establish a benefit cap;

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             (4)    Limit the specific medications covered; and
    (5)    Provide for the administration of the program.
     Section  3.  There is hereby established the senior citizen pharmaceutical assistance fund in the state treasury. This fund shall be used for the senior citizen pharmaceutical assistance program pursuant to section 1 of this Act. Any payments collected in connection with the senior citizen pharmaceutical assistance program shall be deposited in the senior citizen pharmaceutical assistance fund. Any money from gifts, grants, or other funds may be deposited in the fund.
     Section  4.  The implementation of this Act does not establish an entitlement to pharmaceutical assistance.