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B. To the extent reasonably achievable under the federal | | waiver process, the program must include the full range of | | prescription drugs provided under the Medicaid program on the | | effective date of this subsection and must limit copayments | | and cost sharing for participants. If cost sharing above the | | nominal cost sharing for the Medicaid program is determined to | | be necessary, the department may use a sliding scale to | | minimize the financial burden on lower-income participants. |
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| | | C. Coverage under the program may not be less beneficial to | | persons who meet the qualifications of former section 254 | | than the coverage available under that section on September | | 30, 2001. |
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| | | D. In determining enrollee benefits under the program, to | | the extent possible, the department shall give equitable | | treatment to coverage of prescription medications for | | cancer, Alzheimer's disease and behavioral health. |
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| | | E. The department is authorized to provide funding for the | | program by using funds appropriated or allocated to provide | prescription drugs under sections 254 |
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| | | F. The department is authorized to amend the waiver or | | adjust program requirements as necessary to take advantage | | of enhanced federal matching funds that may become | | available. |
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| | | G. If, upon thorough analysis, the department determines | | that a waiver under this subsection is not feasible or would | | not significantly benefit participants in the elderly low- | | cost drug program, the department may decide not to pursue | | the waiver. Within 30 days of a decision not to proceed | | with a waiver and before taking action on that decision, the | | department shall report to the joint standing committee of | | the Legislature having jurisdiction over health and human | | services matters and shall provide a detailed analysis of | | the reasons for reaching that decision. |
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| | | Sec. 82. Resolve 2005, c. 16, §2 is amended to read: |
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| | | *Sec. 2. Report. Resolved: That the Department of Administration | | Administrative and Financial Services, Division of Purchases | | shall report to the Joint Standing Committee on State and Local | | Government by January 15, 2006 on the information obtained | | pursuant to section 1. |
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| | | Emergency clause. In view of the emergency cited in the preamble, | | this Act takes effect when approved. |
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