45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MEDICAL ASSISTANCE; CREATING A SPECIAL PRESCRIPTION DRUG ASSISTANCE PROGRAM IN MEDICAID FOR CERTAIN PERSONS SIXTY-FIVE AND OLDER; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SPECIAL PRESCRIPTION DRUG ASSISTANCE PROGRAM--MEDICAID.--

A. The medical assistance division of the human services department shall design and implement a special prescription drug assistance program under the state's medicaid program to provide only prescription drugs to certain persons age sixty-five and older but no other medicaid benefits. Implementation of the program shall be pursuant to rules adopted by the department. The program shall be consistent with the provisions of Title 19 of the federal Social Security Act.

B. To be eligible for the special prescription drug assistance program, a person shall:

(1) be sixty-five years of age or older and a resident of New Mexico;

(2) not have a prescription drug benefit pursuant to health insurance coverage or other private or governmental health plans; and

(3) have income of no more than one hundred percent of the federal poverty level, according to the levels of income defining poverty by family size published annually in the federal register by the United States department of health and human services.

C. The human services department shall establish by rule a definition of "income" in agreement with federal supplemental security income program methodology for purposes of determining eligibility pursuant to Paragraph (3) of Subsection B of this section. The department shall utilize the same income eligibility methodology for the special prescription drug assistance program as is utilized for medical assistance eligibility in the medicaid program.

D. If, in order to implement the special prescription drug assistance program authorized in Subsections A and B of this section, it is necessary to obtain a waiver pursuant to Section 1115 of the federal Social Security Act, the human services department shall apply for the waiver no later than July 1, 2001.

Section 2. APPROPRIATION--CONTINGENCY.--

A. Two million three hundred fifty-five thousand dollars ($2,355,000) is appropriated from the general fund to the human services department for expenditure in fiscal years 2001 and 2002 in the following amounts for the following purposes:

(1) two million one hundred fifty-five thousand dollars ($2,155,000) to provide a special prescription drug assistance program in the state's medicaid program for certain persons age sixty-five and older; and

(2) two hundred thousand dollars ($200,000) to apply for any necessary federal waiver and to administer the special prescription drug assistance program, including funds necessary for one full-time-equivalent employee position.

B. Expenditure of this appropriation is contingent upon the human services department receiving a waiver from the federal health care financing administration of certain state plan provisions required pursuant to Title 19 of the federal Social Security Act.

C. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.