KRS 205.5622: Kentucky Pharmaceutical Assistance Program -- Contingency for

establishment -- Purpose -- Eligibility -- Enrollment priority.

(1) The Kentucky Pharmaceutical Assistance Program may be established, contingent

upon approval from the Centers for Medicare and Medicaid Services.

(2) If established, the program shall be administered by the department. The program

shall coordinate prescription drug coverage with the prescription drug benefit under

the MMA. A person shall be eligible for drug benefits under t his program if the

person:

(a) Is a resident who is:

1. Sixty-five (65) years of age or older; or

2. Disabled and receiving a Social Security benefit and is enrolled in the

Medicare program;

(b) Has a household income at or below one hundred fifty percent (150%) of the

federal poverty guidelines;

(c) Meets the asset test;

(d) Is not a member of a Medicare Advantage Plan that provides a prescription

drug benefit; and

(e) Is not a member of a retirement plan that is receiving a benefit under the

MMA.

(3) (a) The department shall give initial enrollment priority to the Medicaid dual

eligible population. A second enrollment priority shall be offered to Medicare

eligible applicants who have annual household incomes up to one hundred

fifty percent (150%) of the fe deral poverty guidelines and who meet the asset

test.

(b) 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, except that they may cho ose to opt out of the

program. The department shall determine the procedures for automatic

enrollment into and election out of the program. Applicants meeting the

qualifications set forth in KRS 205.5621 to 205.5625 may begin enrolling into

the program at a time and in a manner as determined by the department.

(4) An individual or married couple meeting the eligibility requirement s in subsection

(1) of this section and 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.