208.788. Program not an entitlement--payer of last resort requirements. - Missouri Statutes

Program not an entitlement--payer of last resort requirements.

208.788. 1. The program created in sections 208.780 to 208.798 isnot an entitlement. The program created in or authorized under sections208.780 to 208.798 is subject to the annual appropriation of funds by thegeneral assembly. Benefits are limited by moneys appropriated in theappropriations bill and signed by the governor less actions by the governorunder article IV, sections 26 and 27 of the Missouri Constitution andsection 33.290, RSMo.

2. The program is the payor of last resort, and shall only covercosts for participants that are not covered by the Medicare Part Dprescription benefit.

3. Except for dual eligibles during the transition period in whichthey are being transferred from the Medicaid program to a prescription drugplan, applicants who are qualified for coverage of payments forprescription drugs under a public assistance program, other than MMAbenefits, are ineligible for the Missouri Rx plan as long as they are soqualified.

4. Applicants who are qualified for full coverage of payments forprescription drugs under another plan of assistance or insurance areineligible to receive benefits from the Missouri Rx plan as long as theyare eligible to receive prescription drug benefits from another plan.

5. Applicants who are qualified for partial payments for prescriptiondrugs under another insurance plan are eligible for the Missouri Rx plan,but may receive reduced assistance from the Missouri Rx plan.

(L. 2005 S.B. 539)

Sunset date 8-28-11, unless reauthorized (see § 208.798)