STATES AND THE NEW MEDICARE PRESCRIPTION DRUG ACT:
Resources for policymakers: 2004-2005

Archive report covering May 2004 through July 2005 actions only.
This web edition was revised and reposted as of June 26, 2006

For more recent actions see NCSL reports on:
2006 Prescription Drug State Legislation & Pharmaceuticals Menu Page

When it comes to prescription drug assistance, a number of states practically "wrote the book" on designing public programs -- defining appropriate benefits and eligibility, finding the operational funds and letting residents know how to participate.

In the 22 months following the final passage of the Medicare Act, at least 35 states have considered almost 200 bills and resolutions intended to modify or adjust state pharmaceutical assistance efforts, in response to the federal Medicare Prescription Drug Improvement, and Modernization Act of 2003 (P.L. 108-173).

NCSL has compiled several state-oriented resources including reports and slide presentations that emphasize early steps in prepraing for the operational discount plans, transitional assistance and the formal "roll-out" of Medicare Part D. Also see NCSL's Latest web Resource:

NCSL Tools for State Legislatures: Medicare Prescription Drug Coverage
NCSL Medicare Resource Center

NCSL REPORTS ONLINE (underlines indicate web links)

2005 Medicare and State Pharmaceutical Coordination Legislation - NCSL's latest report - featuring 100+ bills in over 40 states.
2004 State Pharmaceuticals: Medicare State Adjustment Legislation- updated April 2005.

NCSL's "2004 Prescription Drug State Legislation", updated January 2005. Read about more than 325 bills filed for '04, with new laws signed in at least 23 states and D.C.

State Pharmaceutical Assistance Programs - features tables summarizing all current state subsidy and discount programs, for seniors, disabled, uninsured and others, updated October 2005. [28 pages]
> State Pharmaceutical Assistance Programs - Summary Status Report - June 2005 [2 pp]

Resources on Pharmaceutical Costs and Access: The Medicare Law - listings and links to non-NCSL reports and summaries, updated regularly in 2005

NCSL-NGA Medicare Pharmaceuticals Audio-Conference Series
"Options and Challenges" NCSL Image N G A Logo
To help state policymakers learn about latest developments in prescription drug discounts and subsidies, NCSL, in partnership with NGA, invited members to a Web-assisted conference series for state policymakers on the issues facing states as a result of the new Medicare law. The result so far includes a valuable collection of presenter PowerPoint slides, related fact sheets and handouts, and access to the audio transcript of all five 80-minute sessions with some of the nation's leading experts and "hands-on" state government practitioners.

Speaker Affiliation Powerpoint

>> OVERVIEW; State Legislative and Executive Point-of-view
Session 1- May 4

For a copy of this webcast,
MEMBERS MAY REQUEST CD

Vern Smith, Health Management Associates, former Michigan Medicaid Director DOWNLOAD SLIDES

Delegate John Hurson, Maryland House, President-elect of NCSL. DOWNLOAD SLIDES

Matt Salo, National Governors Association (NGA) DOWNLOAD SLIDES

Moderator: Donna Folkemer, NCSL staff, Washington, DC

>> DISCOUNT CARDS IMPLEMENTATION - Session 2- May 21
MEMBERS MAY REQUEST CD

Larry Reed, Christine Hinds and Ginni Hain, Centers for Medicare and Medicaid Services (CMS) DOWNLOAD CMS SLIDES

John Luehrs, National Coordinator for Health, State Affairs Dept., AARP DOWNLOAD SLIDES

Representative Peter Mills, Maine House of Representatives DOWNLOAD SLIDES

Thomas Snedden, Director, PACE Program, PA Department of Aging
DOWNLOAD SLIDES

>> IMPACTS ON STATE PROGRAMS AND MEDICAID
Session 3- June 10 MEMBERS MAY REQUEST CD

Roger Buchanan, Director; Alissa DeBoy, Acting Technical Director; Larry Reed and Deirdre Duzor Co-leads, Pharmacy Team, CMS DOWNLOAD CMS SLIDES

Nancy Atkins, West Virginia Medicaid Director; Chair, National Association of State Medicaid Directors DOWNLOAD SLIDES

Chiquita White, Health Strategies Consultancy; former White House OMB. DOWNLOAD SLIDES

Steve Kappel, Senior health analyst, Vermont Legislative Joint Fiscal Office
DOWNLOAD SLIDES

>> MAKING IT WORK: STATE LEADERSHIP ACTIONS
Session 4- August 17

MEMBERS MAY REQUEST CD

Joan Henneberry, HHS Transition Commission, Denver

DOWNLOAD SLIDES

Kim Fox, Senior Researcher, Rutgers University, New Jersey

DOWNLOAD SLIDES

Barbara Edwards, Ohio Medicaid Director

DOWNLOAD SLIDES

Dr. Dorian Lo, Medco & PCMA

DOWNLOAD SLIDES

>> THE LATEST ON Rx IMPLEMENTATION AND OTHER PROVISIONS IN THE LAW: Other Key MMA Provisions. Session 5- September 29
MEMBERS MAY REQUEST CD

Joy Johnson Wilson, NCSL Health Policy Director, Washington, D.C. DOWNLOAD SLIDES

Diane Goyette, RPh, JD, Senior Director, Pharmacy Services Support Center (PSSC), HRSA; APhA, Washington, D.C. DOWNLOAD SLIDES

Gale Arden, Director, Disabled Elderly Health Programs Group, Centers for Medicare and Medicad Services (CMS), Baltimore, MD DOWNLOAD SLIDES

Howard Cohen, HC Associates, Consultant for America's Health Insurance Plans (AHIP), former staff US House, Washington, D.C.
[no slides]

NEW: Medicare Rx on CD-ROM. A cd containing all audio and visuals from the Medicare Rx series is available to members on request (quantities are limited). Please email for more information.

Questions on the 2004 audio series? Contact Karmen Hanson at (303) 364-7700 ext. 1423.

RELATED RESOURCE MATERIALS:

State Pharmaceutical Assistance Transition Commission (SPATC) website & hotline: 1-877-449-5659
SPATC FINAL REPORT - issued to the President and Congress, 12/21/2004.
State Pharmaceutical Assistance - Report/Testimony and State Charts by Kimberly Fox, July 7, 2004
NCSL Comments on MMA Rules: On October 4, Illinois Senator and NCSL Health Committee Chair Donne Trotter submitted formal comments to the Centers for Medicare and Medicaid Services (CMS) on rules implementing the new Medicare Part D prescription drug program. The comments focused on initial and automatic enrollment processes, continuity of care and outreach efforts. Senator Trotter stated that CMS should work closely with “state and local governments to establish effective models to inform beneficiaries of their choices and to assist them through the enrollment process.” He also urged CMS to broaden the definition of long term care facility “to include Intermediate Care Facilities for the Mentally Retarded and perhaps assisted living facilities and other facilities as appropriate.” The comments voice NCSL’s opposition to the proposed rule’s preemption of state licensing and solvency laws for a three-year period (2005-2008) whether the state is in complete compliance with the licensing and solvency provisions. This is accomplished through waivers in the proposed rule. Copies of the comments in their entirety are available from NCSL. (NCSL staff contact: Joy Johnson Wilson)

NCSL HEALTH CHAIRS MEETING
Spring Health Legislative Chairs meeting
Washington, DC
June 3 & 4, 2004. NCSL Image

Medicare Prescription Drug Act: State Roles and Responsibilities ( View video ) ( Read transcript )

Speakers:
Joy Johnson Wilson, NCSL federal affairs counsel, NCSL; Sen. Kemp Hannon (N.Y.); and Delegate John Hurson (MD).

NCSL ANNUAL MEETING SESSION
SALT LAKE CITY, UTAH - THURSDAY, JULY 22
Salt Palace Convention Center
8:30 am - 10:30 am - Open to all registered attendees
NCSL Image

"Affordable Pharmaceuticals: the States and Medicare"

How is the new Medicare prescription drug benefit affecting state governments? What pharmaceutical policy decisions are states making in their Medicaid, discount and subsidy programs to accommodate or go beyond the new law? Who really will pay the bills? This session examines the issues and the ways states are dealing with them.

Moderator: Senator Angela Monson, Assistant Majority Leader, Oklahoma, Immediate Past President, NCSL
Speakers: Vernon Smith [PowerPoint], Principal, Health Management Associates, Lansing, Michigan
Joan Henneberry [PowerPoint], Chairperson, State Pharmaceutical Assistance Transition Commission (SPATC), U.S. Department of Health and Human Services , Denver, Colorado (The Commission was appointed by Sec. Tommy Thomson June 18, 2004)
Robert Perkins [PowerPoint], Executive Director, Together Rx Prescription Savings Program, Wilmington, Delaware (The Together Rx card is a collaboration among 8 pharmaceutical manufacturers: Abbott Labs, AstraZeneca, Aventis, Bristol-Myers-Squibb, GlaxoSmithKline, Janssen Pharmaceuticals, Novartis and Ortho-McNeil, with 1.3 million current cardholders)
Paul Reinhart, Medicaid Director, Michigan Department of Community Health, Lansing, Michigan
Cheryl Matheis, Director, State Affairs, AARP, Washington, D.C.

"Health Cost Solutions"

Bill von Oehsen [PowerPoint] General Counsel, Public Hospital Pharmacy Coalition

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FOR LIVE LINKS AND UPDATES, VISIT THIS PAGE ONLINE AT:
http://www.ncsl.org/programs/health/rxstatemma2.htm

NCSL Tools for State Legislatures: Medicare Prescription Drug Coverage NCSL Medicare Resource Center

Medicare Prescription Drug Act: State Roles and Responsibilities ( View video ) ( Read transcript )

"Affordable Pharmaceuticals: the States and Medicare"

"Health Cost Solutions"

NCSL Tools for State Legislatures: Medicare Prescription Drug Coverage
NCSL Medicare Resource Center