(1) In negotiating price discounts with prescription drug manufacturers for state purchased health care programs, the health care authority shall also negotiate such discounts for any Washington resident:

     (a) Whose family income does not exceed three hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services;

     (b) Whose existing prescription drug need is not covered by insurance; and

     (c) Who is: (i) At least fifty years old; or (ii) between the ages of nineteen and forty-nine and is otherwise eligible for benefits under Title II of the social security act, federal old age, survivors, and disability insurance benefits.

     (2)(a) An attestation, which shall be submitted to the administrator, from an individual that the individual's family income does not exceed three hundred percent of the federal poverty level is sufficient to satisfy the eligibility requirement of subsection (1)(a) of this section.

     (b) Any person willfully making a false statement in order to qualify for discounts under this section is guilty of a misdemeanor. Notice of such shall be included on the program enrollment form.

     (3) The administrator shall charge participants in this program an annual enrollment fee sufficient to offset the cost of program administration.

     (4) Any rebate or discount provided by a pharmaceutical manufacturer and made available to individuals under this section shall not be at the expense of retail pharmacies. This does not prohibit participating state agencies from using discounted pharmacy reimbursements for services or ingredients provided by the pharmacies.

[2003 1st sp.s. c 29 § 3.]

NOTES:

     Reviser's note -- Sunset Act application: The prescription drug discount program is subject to review, termination, and possible extension under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.403. RCW 41.05.500 is scheduled for future repeal under RCW 43.131.404.

     Finding -- Intent -- Severability -- Conflict with federal requirements -- Effective date -- 2003 1st sp.s. c 29: See notes following RCW 74.09.650.