2012 Connecticut General Statutes
Title 17b - Social Services
Chapter 319ff - Connecticut Pharmaceutical Assistance Contract to the Elderly and the Disabled Program
Section 17b-490 - (Formerly Sec. 17a-340). Definitions.

As used in sections 17b-490 to 17b-498, inclusive:

(a) “Pharmacy” means a pharmacy licensed under section 20-594 or a pharmacy located in a health care institution, as defined in subsection (a) of section 19a-490, which elects to participate in the program;

(b) “Prescription drugs” means (1) legend drugs, as defined in section 20-571, (2) any other drugs which by state law or regulation require the prescription of a licensed practitioner for dispensing, except: (A) Products prescribed for cosmetic purposes as specified in regulations adopted pursuant to section 17b-494; (B) on and after September 15, 1991, diet pills, smoking cessation gum, contraceptives, multivitamin combinations, cough preparations and antihistamines; (C) drugs for the treatment of erectile dysfunction, unless such drug is prescribed to treat a condition other than sexual or erectile dysfunction, for which the drug has been approved by the Food and Drug Administration; and (D) drugs for the treatment of erectile dysfunction for persons who have been convicted of a sexual offense who are required to register with the Commissioner of Emergency Services and Public Protection pursuant to chapter 969, and (3) insulin and insulin syringes;

(c) “Reasonable cost” means the cost of the prescription drug determined in accordance with the formula adopted by the Commissioner of Social Services in regulations for medical assistance purposes plus a dispensing fee equal to the fee determined by said commissioner for medical assistance purposes;

(d) “Resident” means a person legally domiciled within the state for a period of not less than one hundred eighty-three days immediately preceding the date of application for inclusion in the program. Mere seasonal or temporary residences within the state, of whatever duration, shall not constitute domicile;

(e) “Disabled” means a person over eighteen years of age who is receiving disability payments pursuant to either Title 2 or Title 16 of the Social Security Act of 1935, as amended;

(f) “Commissioner” means the Commissioner of Social Services;

(g) “Income” means adjusted gross income as determined for purposes of the federal income tax plus any other income of such person not included in such adjusted gross income. The amount of any Medicaid payments made on behalf of such person or the spouse of such person shall not constitute income;

(h) “Program” means the Connecticut Pharmaceutical Assistance Contract to the Elderly and the Disabled Program otherwise known as ConnPACE;

(i) “Pharmaceutical manufacturer” means any entity holding legal title to or possession of a national drug code number issued by the federal Food and Drug Administration;

(j) “Average manufacturer price” means the average price paid by a wholesaler to a pharmaceutical manufacturer, after the deduction of any customary prompt payment discounts, for a product distributed for retail sale.

(P.A. 85-573, S. 3, 18; P.A. 87-3, S. 1, 9; 87-12, S. 1, 2; 87-267, S. 3; 87-589, S. 11, 87; P.A. 90-89, S. 1; June Sp. Sess. P.A. 91-8, S. 45, 63; P.A. 92-196, S. 1, 4; P.A. 93-262, S. 1, 87; May Sp. Sess. P.A. 94-5, S. 1, 30; P.A. 05-280, S. 14, 20; P.A. 06-188, S. 11; P.A. 11-44, S. 88; 11-51, S. 134.)

History: P.A. 85-573, S. 3 effective July 10, 1985, and applicable in any municipality to the assessment year commencing October 1, 1985, and each assessment year thereafter; P.A. 87-3 redefined “pharmacy” to include pharmacies located in health care institutions, redefined “reasonable cost” to be the cost as determined by a formula adopted in regulations for medical assistance plus a dispensing fee, added Subdiv. (e) which defined “disabled”, and redefined “program” to include the disabled; P.A. 87-12 redefined “prescription drugs” to include any drugs which require a prescription of a licensed practitioner for dispensing; P.A. 87-267 amended Subdiv. (g) by adding the provision on Medicaid payments; P.A. 87-589 revised definition of “disabled”; P.A. 90-89 redefined “prescription drugs” to exclude products prescribed for cosmetic purposes as specified in regulations; Sec. 17-510 transferred to Sec. 17a-340 in 1991; June Sp. Sess. P.A. 91-8 redefined “prescription drugs” to exclude diet pills, smoking cessation gum, contraceptives, multivitamins, cough preparations and antihistamines, redefined “reasonable cost” by deleting the reference to generic drugs and added Subdivs. (i) and (j) defining “pharmaceutical manufacturer” and “wholesale price”; P.A. 92-196 amended Subdiv. (j) by substituting “average manufacturer price” for “wholesale price”; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance and commissioner and department on aging, effective July 1, 1993; May Sp. Sess. P.A. 94-5 amended Subdiv. (g) to specifically subtract Medicare Part B premiums payments from consideration as adjusted gross income, effective July 1, 1994; Sec. 17a-340 transferred to Sec. 17b-490 in 1995; P.A. 05-280 amended Subdiv. (b)(2) by designating existing exceptions as Subparas. (A) and (B) and adding Subpara. (C) excluding drugs for the treatment of erectile dysfunction for persons convicted of a sexual offense who are required to register with the Commissioner of Public Safety pursuant to chapter 969 from definition of “prescription drugs”, amended Subdiv. (b)(3) by deleting “insulin needles” from said definition, amended Subdiv. (h) by making a technical change and added Subdivs. (k) to (o) defining “assets”, “low income subsidy”, “Medicare Part D covered prescription drugs”, “Medicare Part D plan” and “gap in standard Medicare Part D coverage”, effective July 1, 2005; P.A. 06-188 amended Subdiv. (b)(2) by redefining “prescription drugs” to exclude drugs for the treatment of erectile dysfunction unless such drug is prescribed to treat a condition other than sexual or erectile dysfunction and has been approved by the Food and Drug Administration, effective July 1, 2006; P.A. 11-44 amended Subdiv. (g) by redefining “income” to delete exclusion of Medicare Part B premium payments and deleted former Subdivs. (k) to (o) defining “assets”, “low income subsidy”, “Medicare Part D covered prescription drugs”, “Medicare Part D plan” and “Gap in standard Medicare Part D coverage”, effective July 1, 2011; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subdiv. (b), effective July 1, 2011.