H.B. 106

1

PHARMACEUTICAL ACCESS AND DRUG
2 POLICY ADVISORY SUBCOMMITTEE
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Hogue
6 This act modifies the Health Code. This act creates a Pharmaceutical Access and Drug Policy
7 Advisory Subcommittee of the Department of Health's Medical Care Advisory Committee.
8 The act directs the subcommittee to study options to improve access to pharmaceuticals for
9 senior citizens, people with disabilities, medicaid recipients, and the uninsured. The act
10 directs the subcommittee to study methods to improve state financing of pharmaceutical
11 coverage and purchasing. The act directs the Department of Health to develop a Medicaid
12 waiver or demonstration project. The act provides legislative oversight of the Medicaid
13 waiver or demonstration project. The act considers the recommendations of the
14 subcommittee advisory.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 ENACTS:
17 26-18-12, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 26-18-12 is enacted to read:
20 26-18-12. Drug Policy Advisory Subcommittee.
21 (1) (a) Immediately after the effective date of this section, the executive director shall
22 appoint a Pharmaceutical Access and Drug Policy Advisory Subcommittee of the Medical Care
23 Advisory Committee.
24 (b) The subcommittee shall be composed of representatives from the senior citizen,
25 disabled, and low-income communities, health care providers, the pharmaceutical industry, the
26 department, and the division.
27 (c) A member of the subcommittee shall be appointed to a four-year term.

28 (d) Notwithstanding the requirements of Subsection (1)(c), the executive director shall,
29 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
30 subcommittee members are staggered so that approximately half of the subcommittee is appointed
31 every two years.
32 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
33 appointed for the unexpired term.
34 (3) h [ (a) ] h Members shall receive no compensation or benefits for their service h [ , but
34a may
35 receive expenses incurred in the performance of the member's official duties at the rate established
36 by the Division of Finance under Section 63A-3-107 .
37 (b) Members may decline to receive expenses for their services ] h .
38 (4) The subcommittee shall serve as an advisory subcommittee to the Medical Care
39 Advisory Committee and the executive director.
40 (5) (a) The executive director shall convene or reconvene a Pharmaceutical Access and
41 Drug Policy Advisory Subcommittee for the purpose of studying options for improving:
42 (i) access to affordable pharmaceuticals for medicaid recipients, senior citizens, people
43 with disabilities, and low-income, uninsured individuals in the state; and
44 (ii) state financing of pharmaceutical coverage and purchasing.
45 (b) Within one year of the creation of the Pharmaceutical Access and Drug Policy
46 Advisory Subcommittee, the department shall develop a Section 1115 waiver or demonstration
47 project application to increase access to affordable pharmaceuticals for medicaid recipients,
48 low-income senior citizens, the disabled and uninsured low-income individuals in the state.
49 (c) (i) No later than November 30, 2003, and before the adoption of a plan under
50 Subsection (5)(b), the executive director shall submit the proposed Section 1115 waiver or
51 demonstration project to the Health and Human Services Interim Committee for review and
52 recommendations.
53 (ii) After the Section 1115 waiver or demonstration project is approved by the Centers for
54 Medicare and Medicaid Services and the department adopts the waiver or demonstration project,
55 the Health and Human Services Interim Committee:
56 (A) shall provide legislative oversight of the Section 1115 waiver or demonstration
57 project; and
58 (B) may recommend legislation to modify the department's implementation of the Section

59 1115 waiver or demonstration project.




Legislative Review Note
as of 1-4-02 4:32 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel