SENATE MEMORIAL 8

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Dede Feldman

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

A MEMORIAL

REQUESTING THAT MEMBERS OF THE NEW MEXICO CONGRESSIONAL DELEGATION SUPPORT CHANGES TO THE MEDICARE, PART D PROGRAM.

     WHEREAS, the medicare, part D program is proving to be one of the most complicated programs ever created with significant and serious implementation problems; and

     WHEREAS, the benefits promised to senior citizens are not being realized because the program is so difficult to understand; and

     WHEREAS, a dire need exists to revise the program so that the program can provide the promised benefits;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the members of the New Mexico congressional delegation be requested to support the following changes to the medicare, part D program:

          A. elimination of the penalty for all medicare-eligible individuals who do not enroll by May 15, 2006;

          B. inclusion of a requirement that the prescription drug plans drop coverage of drugs on their formularies only after one year advance notice to coincide with the annual open enrollment period, except that drugs that have been determined to be dangerous or removed from the market may be dropped as necessary;

          C. standardization of the formulary design so that each plan has the same number of tiers and requirements for coverage;

          D. modification of the requirements about what can be counted toward a medicare beneficiary's true out-of-pocket cost to include all prescription drugs purchased on behalf of the beneficiary regardless of where the drugs have been purchased; whether the drugs have been purchased through a state pharmacy program or with a discount drug card; or whether the drug is on the formulary of the beneficiary's plan;

          E. assurance of transparency so that states know the cost negotiated by the prescription drug plan to ensure that all negotiated rebates are passed through to the beneficiaries; and

          F. institution of price negotiation for the purchase of prescription drugs for the medicare program, similar to the provisions already in place under medicaid and the veterans' administration; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to each member of the New Mexico congressional delegation.

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