SENATE AMENDED
PRIOR PRINTER'S NOS. 191, 710, 1172, PRINTER'S NO. 1676
1437
No. 175 Session of 1985
INTRODUCED BY ITKIN, SAURMAN, TRELLO, MORRIS, GREENWOOD,
SEVENTY, LEVIN, NOYE, HAGARTY, KOSINSKI, DALEY, E. Z. TAYLOR,
SHOWERS, KUKOVICH, MILLER, BARBER, DeLUCA, HONAMAN, WILSON,
BOOK, FOX, FLICK, D. R. WRIGHT, BUSH, GAMBLE, LAUGHLIN,
OLIVER, FREEMAN, PRESSMANN, ARTY, SEMMEL, PUNT, RAYMOND,
MERRY, DISTLER, PRESTON, ROBBINS, EVANS, HALUSKA, BUNT,
D. W. SNYDER, CORNELL, JOSEPHS, McVERRY, MRKONIC AND COY,
FEBRUARY 4, 1985
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 10, 1985
AN ACT
1 Amending the act of November 4, 1983 (P.L.217, No.63), entitled
2 "An act establishing a program of limited pharmaceutical
3 assistance for the elderly; granting powers to and imposing
4 duties on the Department of Aging; establishing a payment
5 system; making provisions for funding; providing for reports;
6 and fixing penalties for violations of the pharmaceutical
7 assistance program," further providing for program criteria;
8 and providing for a prescription drug education program.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 4(e)(9) SECTION 4(E)(6) AND (9) of the <--
12 act of November 4, 1983 (P.L.217, No.63), known as the
13 Pharmaceutical Assistance Contract for the Elderly Act, is ARE <--
14 amended to read:
15 Section 4. Responsibilities of Department of Aging.
16 * * *
1 (e) Program criteria.--The program shall include the
2 following criteria:
3 * * *
4 (6) THE PROGRAM SHALL CONSIST OF PAYMENTS TO PHARMACIES <--
5 ON BEHALF OF ELIGIBLE CLAIMANTS FOR THE AVERAGE WHOLESALE
6 COST OF LEGEND DRUGS, INSULIN, INSULIN SYRINGES AND INSULIN
7 NEEDLES WHICH EXCEED THE COPAYMENT AND A DISPENSING FEE OF AT
8 LEAST $2.50 OR THE DISPENSING FEE REQUIRED BY THE DEPARTMENT
9 OF WELFARE UNDER ITS MEDICAL ASSISTANCE PROGRAM UNDER THE ACT
10 OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE
11 CODE, WHICHEVER IS GREATER. IN NO CASE SHALL THE COMMONWEALTH
12 BE CHARGED MORE THAN THE PRICE OF THE DRUG AT THE PARTICULAR
13 PHARMACY ON THE DATE OF THE SALE. FOR THE PURPOSE OF THIS
14 ACT, THE ELIGIBLE CLAIMANT SHALL BE LIABLE TO PAY THE
15 DIFFERENCE BETWEEN THE BRAND NAME DRUG AND THE GENERICALLY
16 EQUIVALENT DRUG AS APPROVED UNDER THE PROVISIONS OF THE ACT
17 OF NOVEMBER 24, 1976 (P.L.1163, NO.259), REFERRED TO AS THE
18 GENERIC EQUIVALENT DRUG LAW. ONLY THE PHYSICIAN MAY PRESCRIBE
19 A NONGENERIC MEDICATION.
20 * * *
21 (9) [A system of mail order delivery for prescriptions
22 shall be prohibited under this program.] The department may
23 not enter into a contract with a private contractor for an
24 exclusive mail order system for the delivery of prescription
25 drugs under this program. Nothing herein shall prohibit an <--
26 individual mail order pharmacy service that is licensed by
27 the Commonwealth and which has its principal place of
28 business within this Commonwealth from participating as a
29 provider under the program. ONLY MAIL ORDER PHARMACY SERVICES <--
30 PROVIDED BY PHARMACIES WHICH ARE LICENSED BY THE COMMONWEALTH
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1 AND WHICH HAVE THEIR PRINCIPAL PLACE OF BUSINESS WITHIN THIS
2 COMMONWEALTH MAY PARTICIPATE AS PROVIDERS UNDER THE PROGRAM.
3 Within a period of six months following the effective date of
4 this amendatory act, the department shall develop and
5 promulgate specific regulations governing the practice of
6 mail order pharmacy and other enrolled providers to include
7 the following minimum standards of practice to ensure the
8 health, safety and welfare of program participants:
9 (i) The appropriate method or methods by which such
10 pharmacies shall verify the identity of the program
11 recipient and the authenticity of prescriptions received.
12 (ii) The appropriate method or methods by which such
13 pharmacies shall mail or deliver prescription drugs to
14 program recipients ensuring, to the maximum extent
15 possible, that the intended program recipient is the
16 actual ultimate recipient of any prescription dispensed
17 by such pharmacies.
18 (iii) The appropriate method or methods by which
19 such pharmacies shall communicate with program
20 participants in emergency situations.
21 * * *
22 Section 2. The act is amended by adding a section to read:
23 Section 4.1. Prescription drug education program.
24 The department, in cooperation with the Department of Health,
25 shall develop and implement a Statewide prescription drug
26 education program designed to inform older adults of the dangers
27 of prescription drug abuse and misuse. The prescription drug
28 education program shall include, but not be limited to,
29 information concerning the following:
30 (1) The hazards of prescription drug overdose.
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1 (2) The potential dangers of mixing prescription drugs.
2 (3) The danger of retaining unused prescription drugs
3 after the need to take them no longer exists.
4 (4) The necessity to carefully question physicians and
5 pharmacists concerning the effects of taking prescription
6 drugs.
7 (5) The advisability of maintaining a prescription drug
8 profile or other record of prescription drug dosage and
9 frequency of dosage.
10 (6) The desirability of advising family members of the
11 types and proper dosage of prescription drugs which are being
12 taken.
13 (7) The dangers of taking prescription drugs in excess
14 of prescribed dosages.
15 (8) The need to obtain complete, detailed directions
16 from the physician or pharmacist concerning the time period a
17 prescription drug should be taken.
18 Section 3. This act shall take effect immediately.
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