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205.5622 Kentucky Pharmaceutical Assistance Program -- Contingency for
establishment -- Purpose -- Eligibility -- Enrollment priority.
(1)
(2)
(3)
(4)
The Kentucky Pharmaceutical Assistance Program may be established,
contingent upon approval from the Centers for Medicare and Medicaid
Services.
If established, the program shall be administered by the department. The
program shall coordinate prescription drug coverage with the prescription drug
benefit under the MMA. A person shall be eligible for drug benefits under this
program if the person:
(a) Is a resident who is:
1.
Sixty-five (65) years of age or older; or
2.
Disabled and receiving a Social Security benefit and is enrolled in
the Medicare program;
(b) Has a household income at or below one hundred fifty percent (150%) of
the federal poverty guidelines;
(c) Meets the asset test;
(d) Is not a member of a Medicare Advantage Plan that provides a
prescription drug benefit; and
(e) Is not a member of a retirement plan that is receiving a benefit under the
MMA.
(a) The department shall give initial enrollment priority to the Medicaid dual
eligible population. A second enrollment priority shall be offered to
Medicare eligible applicants who have annual household incomes up to
one hundred fifty percent (150%) of the federal poverty guidelines and
who meet the asset test.
(b) Enrollment for Medicaid dual eligible persons shall take effect no later
than October 1, 2005. Medicaid dual eligible persons may be
automatically enrolled into the program, except that they may choose to
opt out of the program. The department shall determine the procedures
for automatic enrollment into and election out of the program. Applicants
meeting the qualifications set forth in KRS 205.5621 to 205.5625 may
begin enrolling into the program at a time and in a manner as determined
by the department.
An individual or married couple meeting the eligibility requirements in
subsection (1) of this section and not Medicaid dual eligible may apply for
enrollment in the program by submitting an application to the department that
attests to the age, residence, household income, and liquid assets of the
individual or couple.
Effective:June 20, 2005
History: Created 2005 Ky. Acts ch. 136, sec. 7, effective June 20, 2005.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 136,
sec. 7 contained two manifest clerical or typographical errors that have been
corrected in this statute in codification pursuant to KRS 7.136(1)(h). The first
error is that two subsections were numbered as "(2)," the second of which
should be "(3)," and subsection (3) in the Act has been corrected as subsection
(4) as a result. The second error is that 2005 Ky. Acts ch. 136, sec. 7 had a
citation to "Sections 6 to 11 of this Act" in the subsection erroneously numbered
as "(2)," which is now "(3)" in this statute. It is clear that "Sections 6 [codified as
KRS 205.5621] to 10 [codified as KRS 205.5625] of this Act" was intended,
since there was no Section 11 in the enacted version.
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