BY REPRESENTATIVES Owen, Grampsas, Romero, Mace, Nichol, Reeser, Saliman, Tool, and Tupa;
also SENATORS Rizzuto, Blickensderfer, Lacy, Bishop,
Feeley, Hernandez, Hopper, J. Johnson, Linkhart, Martinez,
Pascoe, Perlmutter, Phillips, Reeves, Rupert, and Wham.
CONCERNING THE AUTHORIZATION OF THE DRUG ASSISTANCE
COMPONENT OF THE FEDERAL "RYAN WHITE C.A.R.E. ACT OF 1990",
AS AMENDED.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
14 of article 4 of title 25, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
2541411. AIDS drug assistance
program legislative declaration no entitlement created.
(1) (a) THE GENERAL ASSEMBLY RECOGNIZES THAT
MEDICAL SCIENCE IS MAKING STRIDES IN TREATING PERSONS WHO HAVE
AIDS OR HIV. THE GENERAL ASSEMBLY RECOGNIZES THAT NEW PHARMACEUTICAL
PRODUCTS HAVE BEEN DEVELOPED THAT DELAY THE DEBILITATING EFFECTS
OF AIDS AND HIV, THEREBY ALLOWING HIVINFECTED PERSONS TO
MAINTAIN A HIGHER QUALITY OF LIFE AND REMAIN PRODUCTIVE. THE
GENERAL ASSEMBLY ALSO RECOGNIZES THAT MANY PERSONS WITH AIDS MAY
EVENTUALLY HAVE THEIR MEDICAL BILLS PAID THROUGH SOME FORM OF
GOVERNMENT ASSISTANCE. THE GENERAL ASSEMBLY FINDS THAT THE STATE
WILL RECOGNIZE A SAVINGS IN MEDICAL ASSISTANCE IF PERSONS WITH
HIV CAN REMAIN WORKING LONGER.
(b) THEREFORE, THE GENERAL ASSEMBLY DECLARES
THAT THE PURPOSE OF THIS SECTION IS TO IMPLEMENT THE DRUG TREATMENT
COMPONENT OF THE FEDERAL "RYAN WHITE C.A.R.E. ACT OF 1990",
AS AMENDED, BY CREATING THE AIDS DRUG ASSISTANCE PROGRAM TO PROVIDE
CERTAIN PHARMACEUTICAL PRODUCTS TO QUALIFYING LOWINCOME
PERSONS WHO HAVE AIDS OR HIV.
(c) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO ESTABLISH ANY ENTITLEMENT TO SERVICES FROM THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT.
(2) SUBJECT TO AVAILABLE APPROPRIATIONS,
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IS AUTHORIZED
TO IMPLEMENT AND ADMINISTER AN AIDS DRUG ASSISTANCE PROGRAM, REFERRED
TO IN THIS SECTION AS THE "STATE PROGRAM", TO PROVIDE
PHARMACEUTICAL PRODUCTS TO TREAT HIV DISEASE OR PREVENT THE SERIOUS
DETERIORATION OF HEALTH ARISING FROM HIV DISEASE IN ELIGIBLE INDIVIDUALS.
THE GENERAL ASSEMBLY MAY ANNUALLY APPROPRIATE MONEYS FROM THE
GENERAL FUND TO PURCHASE PHARMACEUTICAL PRODUCTS FOR PERSONS PARTICIPATING
IN THE STATE PROGRAM. THE STATE PROGRAM SHALL ALSO BE FUNDED
WITH FEDERAL FUNDS AVAILABLE UNDER THE FEDERAL "RYAN WHITE
C.A.R.E. ACT OF 1990", AS AMENDED.
(3) TO BE ELIGIBLE TO PARTICIPATE IN THE
STATE PROGRAM, AN INDIVIDUAL SHALL HAVE:
(a) A MEDICAL DIAGNOSIS OF HIV DISEASE;
(b) AN INCOME THAT IS NOT MORE THAN ONE
HUNDRED EIGHTYFIVE PERCENT OF THE FEDERAL POVERTY LEVEL;
(c) A PRESCRIPTION FROM AN AUTHORIZED
PROVIDER FOR A PHARMACEUTICAL PRODUCT OR COMBINATION OF PHARMACEUTICAL
PRODUCTS THAT ARE INCLUDED ON THE DRUG FORMULARY FOR THE STATE
PROGRAM.
(4) A SUBCOMMITTEE OF AN ADVISORY GROUP
CONVENED BY THE GOVERNOR TO MAKE RECOMMENDATIONS FOR AIDS POLICY
IN THE STATE SHALL SERVE IN AN ADVISORY ROLE TO THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT IN IMPLEMENTING THE STATE PROGRAM
AND SHALL ADVISE AND RECOMMEND TO THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT WHAT PHARMACEUTICAL PRODUCTS SHOULD BE LISTED
ON THE DRUG FORMULARY FOR THE STATE PROGRAM.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO