LD 1325
pg. 4
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LR 1609
Item 1

 
requirements of this subparagraph at the time of
application or renewal retains eligibility for the
program if that person is a member of a household of an
eligible person.

 
C.__The department may require that an enrollee or applicant
for the program who is otherwise eligible for Medicare Part
D become a beneficiary under Medicare Part D unless the
department determines that good cause exists for the person
not to participate in Medicare Part D.

 
D.__Income eligibility of individuals must be determined by
this paragraph and by reference to the federal poverty
guidelines for the 48 contiguous states and the District of
Columbia, as defined by the federal Office of Management and
Budget and revised annually in accordance with the United
States Omnibus Budget Reconciliation Act of 1981, Section
673, Subsection 2, Public Law 97-35, reauthorized by Public
Law 105-285, Section 201 (1998).__If the household income is
not more than 185% of the federal poverty guideline
applicable to the household, the individual is eligible for
the basic program and the supplemental program.__Individuals
are also eligible for the basic and the supplemental program
if the household spends at least 40% of its income on
unreimbursed direct medical expenses for prescription drugs
and medications and the household income is not more than
25% higher than the levels specified in this paragraph.__For
the purposes of this paragraph, the cost of drugs provided
to a household under this section is considered a cost
incurred by the household for eligibility determination
purposes.

 
E.__Specifications for the administration and management of
the program may include, but are not limited to, program
objectives, accounting and handling practices, supervisory
authority and evaluation methodology.

 
F.__The method of prescribing or ordering the drugs under
paragraph A may include, but is not limited to, the use of
standard or larger prescription refill sizes so as to
minimize operational costs and to maximize economy.__Unless
the prescribing physician indicates otherwise or the
department determines that it would not be cost-effective,
the use of generic or chemically equivalent drugs is
required, as long as these drugs are of the same quality and
have the same mode of delivery as is provided to the general
public, consistent with good pharmaceutical practice.

 
G.__The commissioner may establish the amount of payment to be
made by the program and by enrollees toward the cost of


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