205.5622 Kentucky Pharmaceutical Assistance Program -- Contingency for establishment -- Purpose -- Eligibility -- Enrollment priority. - Kentucky Statutes

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Page 1 of 2 205.5622 Kentucky Pharmaceutical Assistance Program -- Contingency for establishment -- Purpose -- Eligibility -- Enrollment priority. (1) The Kentucky Pharmaceutical Assistance Program may be established, contingent upon approval from the Centers for Medicare and Medicaid Services. (2) 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. (3) (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. (4) 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 Page 2 of 2 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.