I. The commissioner is authorized to establish a New Hampshire pharmaceutical assistance program which shall be administered by the department. The program shall coordinate prescription drug coverage with the prescription drug benefit under the federal Medicare Modernization Act. Persons eligible for the drug benefits under this program are as follows:
      (a) A resident who is 65 years of age or older, or is disabled and receiving a social security benefit and is enrolled in the medicare program.
      (b) The resident has a household income at or below 150 percent of the federal poverty guidelines.
      (c) The resident meets the asset test.
      (d) The resident is not a member of a Medicare Advantage Plan that provides a prescription drug benefit.
      (e) The resident is not a member of a retirement plan that is receiving a benefit under the MMA.
   II. The department shall give initial enrollment priority to the medicaid dual eligible population. A second enrollment priority shall be offered to medicare eligible applicants with annual household incomes up to 150 percent of the federal poverty guidelines who also meet the asset test. 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, with the provision that they may opt out of the program if they so choose. The department shall determine the procedures for automatic enrollment in, and election out of the program. Applicants meeting the qualifications set forth in this chapter may begin enrolling into the program as determined by the department.
   III. An individual or married couple meeting the eligibility requirements in paragraph I who are 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.
Source. 2005, 294:1, eff. July 26, 2005.