Bill Text: NJ A2385 | 2010-2011 | Regular Session | Introduced
Bill Title: "State Medicare Part D Assistance and Information Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-03-04 - Introduced, Referred to Assembly Health and Senior Services Committee [A2385 Detail]
Download: New_Jersey-2010-A2385-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
Assemblyman JACK CONNERS
District 7 (Burlington and Camden)
SYNOPSIS
"State Medicare Part D Assistance and Information Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning assistance for persons eligible for Medicare Part D prescription drug coverage and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "State Medicare Part D Assistance and Information Act."
2. The Legislature finds and declares that:
a. Large numbers of New Jerseyans who are eligible for the Medicare Part D prescription drug benefit established pursuant to the federal "Medicare Prescription Drug, Improvement, and Modernization Act of 2003," Pub.L.108-73, which became effective on January 1, 2006, have encountered delays and difficulties in attempting to establish and document their eligibility for this prescription drug coverage in order to obtain the medications that are so vital to sustaining their health and quality of life;
b. New Jersey has been forced to take prompt action to ensure that its dually-eligible beneficiaries under Medicare and Medicaid, and participants in the "Pharmaceutical Assistance to the Aged and Disabled" (PAAD) program established pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.) and the "Senior Gold Prescription Discount Program" established pursuant to P.L.2001, c.96 (C.30:4D-43 et seq.) are able to obtain essential medications by expending in excess of $1 million each day to provide emergency prescription drug relief for those dually-eligible beneficiaries and PAAD and Senior Gold recipients who were unable to obtain prescriptions because of severe administrative problems implementing the Medicare Part D prescription drug benefit; and
c. It is imperative for the State to provide a readily accessible means for Medicare beneficiaries to report these Medicare Part D-related delays and difficulties, to compile and disseminate this information as appropriate, to provide information to these beneficiaries about sources of information and assistance to them in securing the Medicare Part D prescription drug benefit to which they are entitled, and to advocate with the federal government on behalf of its vulnerable elderly and disabled citizens in order to ensure prompt action to rectify the administrative problems occurring with respect to Medicare Part D and obtain federal repayment to New Jersey of the emergency prescription drug relief provided by the State to its citizens.
3. a. The Commissioner of Health and Senior Services shall establish and maintain a toll-free telephone hotline to be designated as the "Medicare Part D Assistance and Information Hotline." The purpose of the hotline shall be to:
(1) receive calls from Medicare beneficiaries and other persons on their behalf reporting specific problems encountered with respect to establishing and documenting their Medicare Part D eligibility and obtaining prescription drugs through Medicare Part D;
(2) record and compile information based on these calls, in such a manner as not to include identifying information about the person contacting the hotline or the Medicare beneficiary to whom the call relates, which may be used for statistical purposes and disseminated to federal and State governmental entities and the general public in order to document systemic Medicare Part D-related problems encountered by New Jersey citizens; and
(3) provide information and referrals to public and private sources of assistance relating to Medicare Part D eligibility and the applicable exceptions and appeals processes.
b. The commissioner shall designate a Medicare Part D ombudsman in the Department of Health and Senior Services. The ombudsman shall:
(1) oversee the operations of the hotline established pursuant to subsection a. of this section, including the compilation and dissemination of information pursuant to paragraph (2) of that subsection as directed by the commissioner;
(2) coordinate on behalf of the department its efforts, in conjunction with the Department of Human Services and other State officials, to advocate with the federal government in order to ensure prompt action to rectify the administrative problems occurring with respect to Medicare Part D and obtain federal repayment to New Jersey of any emergency prescription drug relief provided by the State to its dually-eligible beneficiaries under Medicare and Medicaid or to PAAD or Senior Gold participants because of Medicare Part D-related implementation problems; and
(3) oversee an annual survey to assess the impact of Medicare Part D participating drug plan contract terms on pharmacy access, which shall include, but not be limited to, the cost of dispensing a prescription in New Jersey.
c. The commissioner shall take such actions as are practicable to publicize the availability of the hotline established pursuant to subsection a. of this section, and shall consult, and coordinate as necessary, with the Commissioner of Human Services in the implementation of this act.
d. The commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than six months after the effective date of this act on the impact of the Medicare Part D prescription drug benefit on dually-eligible beneficiaries under Medicare and Medicaid, and participants in the PAAD and Senior Gold programs.
4. This act shall take effect immediately.
STATEMENT
This bill, which is designated as the "State Medicare Part D Assistance and Information Act," is designed to enhance State efforts to provide assistance and information to Medicare beneficiaries seeking to obtain the prescription drug benefits to which they are entitled under the new Medicare Part D.
The bill directs the Commissioner of Health and Senior Services to establish and maintain a toll-free telephone hotline to be designated as the "Medicare Part D Assistance and Information Hotline." The purpose of the hotline will be to:
· receive calls from Medicare beneficiaries and other persons on their behalf reporting specific problems encountered with respect to establishing and documenting their Medicare Part D eligibility and obtaining prescription drugs through Medicare Part D;
· record and compile information based on these calls, in such a manner as not to include identifying information about the person contacting the hotline or the Medicare beneficiary to whom the call relates, which may be used for statistical purposes and disseminated to federal and State governmental entities and the general public in order to document systemic Medicare Part D-related problems encountered by New Jersey citizens; and
· provide information and referrals to public and private sources of assistance relating to Medicare Part D eligibility and the applicable exceptions and appeals processes.
The bill also directs the commissioner to designate a Medicare Part D ombudsman in the Department of Health and Senior Services. The ombudsman is to:
· oversee the operations of the hotline, including the compilation and dissemination of information pursuant to the bill as directed by the commissioner;
· coordinate on behalf of the department its efforts, in conjunction with the Department of Human Services and other State officials, to advocate with the federal government in order to ensure prompt action to rectify the administrative problems occurring with respect to Medicare Part D and obtain federal repayment to New Jersey of any emergency prescription drug relief provided by the State to its dually-eligible beneficiaries under Medicare and Medicaid, or to participants in the PAAD or Senior Gold program, because of Medicare Part D-related implementation problems; and
· oversee an annual survey to assess the impact of Medicare Part D participating drug plan contract terms on pharmacy access, which is to include, but not be limited to, the cost of dispensing a prescription in New Jersey.
The bill further directs the commissioner to:
-- take such actions as are practicable to publicize the availability of the Medicare Part D Assistance and Information Hotline:
-- consult, and coordinate as necessary, with the Commissioner of Human Services in the implementation of the bill; and
-- report to the Governor and the Legislature no later than six months after the effective date of the bill on the impact of the Medicare Part D prescription drug benefit on dually-eligible beneficiaries under Medicare and Medicaid, and PAAD and Senior Gold participants.
