South Carolina General Assembly

116th Session, 2005-2006

A233, R231, H3221

STATUS INFORMATION

General Bill

Sponsors: Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J.Brown, Townsend, Edge, Merrill, Chellis, Ott, R.Brown, Mack, Barfield, Witherspoon, Duncan, M.A.Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers, Hardwick and Toole

Document Path: l:\council\bills\nbd\11114ac05.doc

Introduced in the House on January 11, 2005

Introduced in the Senate on May 18, 2005

Last Amended on February 2, 2006

Passed by the General Assembly on February 9, 2006

Governor's Action: February 21, 2006, Signed

Summary: SC Retirees and Individuals Pooling Together for Savings Act

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/22/2004HousePrefiled

12/22/2004HouseReferred to Committee on Ways and Means

1/11/2005HouseIntroduced and read first time HJ135

1/11/2005HouseReferred to Committee on Ways and MeansHJ135

1/12/2005HouseMember(s) request name added as sponsor: Wilkins, Harrell, Harrison, Cato, J.Brown, Townsend, Edge, Merrill, Chellis, Ott, R.Brown, Mack, Barfield, Witherspoon

2/1/2005HouseMember(s) request name added as sponsor: Duncan, M.A.Pitts, Owens, Chalk, Bailey, Ceips, Haley, Toole, Viers, Hardwick

5/11/2005HouseCommittee report: Favorable with amendment Ways and MeansHJ14

5/12/2005Scrivener's error corrected

5/17/2005HouseAmended HJ41

5/17/2005HouseRead second time HJ43

5/18/2005HouseRead third time and sent to Senate HJ62

5/18/2005SenateIntroduced and read first time SJ5

5/18/2005SenateReferred to Committee on FinanceSJ5

2/1/2006SenateCommittee report: Favorable with amendment FinanceSJ44

2/2/2006SenateAmended SJ15

2/2/2006SenateRead second time SJ15

2/2/2006SenateUnanimous consent for third reading on next legislative day SJ15

2/3/2006SenateRead third time and returned to House with amendments SJ3

2/9/2006HouseConcurred in Senate amendment and enrolled HJ27

2/15/2006Ratified R 231

2/21/2006Signed By Governor

2/23/2006Copies available

2/23/2006Effective date 02/21/06

2/27/2006Act No.233

VERSIONS OF THIS BILL

12/22/2004

5/11/2005

5/12/2005

5/17/2005

2/1/2006

2/2/2006

(A233, R231, H3221)

AN ACT TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE GAP ASSISTANCE PHARMACY PROGRAM FOR SENIORS ACT AND TO PROVIDE THAT THIS PROGRAM CREATED WITHIN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS DURING THE ANNUAL MEDICARE PART D COVERAGE GAP, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A GAPS PARTICIPATING MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, AND TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE’S ANNUAL OUTOFPOCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT’S ANNUAL OUTOFPOCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS BECOME AVAILABLE; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS’ PRESCRIPTION DRUG PROGRAM ACT.

Be it enacted by the General Assembly of the State of South Carolina:

GAP Assistance Pharmacy Program for Seniors Act

SECTION1.Article 5, Chapter 6, Title 44 of the 1976 Code is amended to read:

“Article 5

Gap Assistance Pharmacy Program for Seniors Act

Section 446610.This article may be cited as the ‘Gap Assistance Pharmacy Program for Seniors (GAPS) Act’.

Section 446620.For purposes of this article:

(1)‘Department’ means the South Carolina Department of Health and Human Services.

(2)‘Prescription drugs’ means outpatient prescription drugs that have been approved by the United States Food and Drug Administration. ‘Prescription drugs’ do not include experimental drugs and overthecounter pharmaceutical products.

(3)‘Program’ means the Gap Assistance Pharmacy Program for Seniors (GAPS) created pursuant to this article.

(4)‘Medicare Part D Prescription Drug Plan’ means a Prescription Drug Plan that has been approved by the Centers for Medicare and Medicaid Services (CMS) to provide Medicare Part D prescription drugs to Medicare beneficiaries in South Carolina.

(5)‘GAPS Participating Medicare Part D Prescription Drug Plan’ means Prescription Drug Plans that have executed a contract with the department to provide prescription drug coverage to eligible individuals during the annual Medicare Part D coverage gap.

Section 446630.(A)There is created within the Department of Health and Human Services the Gap Assistance Pharmacy Program for Seniors (GAPS) program. The purpose of this program is to coordinate, beginning January 1, 2006, with Medicare Part D Prescription Drug Plans to provide to lowincome seniors in this State assistance with costs for prescription drugs during the annual Medicare Part D coverage gap.

(B)The program must provide assistance with prescription drugs that:

(1)have been approved by the United States Food and Drug Administration; and

(2)are included in the enrollee’s selected GAPS participating Medicare Part D Plan formulary.

Section 446640.(A)This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.

(B)The department may establish an enrollment fee that must be used to fund the administration of this program.

(C)When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.

Section 446650.(A)To be eligible to enroll in this program a person must:

(1)have attained the age of sixtyfive years;

(2)be a resident of this State;

(3)be enrolled in a GAPS participating Medicare Part D Drug Plan;

(4)satisfy annual income, resources, and other criteria established by the department;

(5)pay the enrollment fee, if any, as established by the department.

(B)An enrollee is entitled to benefits under this program during the coverage gap when the enrollee’s annual prescription drug costs have reached the point that standard Medicare Part D benefits are no longer available. The GAPS benefits terminate when the enrollee’s annual outofpocket prescription drug expenses have reached the point that catastrophic Medicare Part D benefits become available.

Section 446660.(A)The department shall maintain data to allow evaluation of the cost effectiveness of the program.

(B)Beginning with fiscal year 20062007, the department shall include in its annual report, a report on the GAPS program.”

Repeal

SECTION2.Chapter 130, Title 44 of the 1976 Code is repealed.

Time effective

SECTION3.This act takes effect upon approval by the Governor.

Ratified the 15th day of February, 2006.

Approved the 21st day of February, 2006.

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