[First Reprint]

SENATE, No. 1129

STATE OF NEW JERSEY

INTRODUCED MAY 9, 1996

By Senator ZANE

An Act concerning eligibility for Pharmaceutical Assistance to the Aged and Disabled and amending P.L.1975, c.194, P.L.1978, c.171, and P.L.1979, c.27.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1975, c.194 (C.30:4D-20) is amended to read as follows:

    1. The commissioner shall establish a program which shall be known as "Pharmaceutical Assistance to the Aged and Disabled."

(cf: P.L.1975, c.194, s.1)

    2. Section 2 of P.L.1975, c.194 (C.30:4D-21) is amended to read as follows:

    2. a. Any resident of this State who is either a recipient of disability insurance benefits under Title II of the federal Social Security Act (42 U.S.C. § 401 et seq.); or a recipient of disability benefits under the federal "Railroad Retirement Act of 1974" (45 U.S.C. § 231 et seq.), the federal civil service retirement program (5 U.S.C. § 8331 et seq.) or any federal law administered by the United States Department of Veterans Affairs where the disability is rated as 60%, or higher; or 65 years of age and over and whose annual income is less than $16,624 if single or, if married, whose annual income combined with that of his spouse is less than $20,383, shall be eligible for "Pharmaceutical Assistance to the Aged and Disabled" if he is not otherwise qualified for assistance under P.L.1968, c.413 (C.30:4D-1 et seq.). Annual income shall not include gain from the sale of a principal residence that is excluded from gross income pursuant to N.J.S.54A:6-9.

    In the case of a resident receiving disability benefits under the federal civil service retirement program, the resident shall provide the department with a statement in writing from the resident's physician that the resident is totally and permanently disabled. The resident shall obtain the physician's statement at his own expense. Upon receipt of the statement the department shall determine if the resident is otherwise eligible for the Pharmaceutical Assistance to the Aged and Disabled program.

    b. Beginning January 1, 1996 and annually thereafter, the income eligibility limits provided in subsection a. of this section shall increase by the amount of the maximum Social Security benefit cost-of-living increase for that year for single and married persons, respectively. The commissioner shall adopt the new income limits annually by regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.1995, c.27, s.1)

            3. Section 9 of P.L.1978, c.171 (C.30:4D-32) is amended to read as follows:

    9. The commissioner shall issue an annual report to the Governor and the Legislature by October 1 of each year. Such report shall include a summary of "Pharmaceutical Assistance to the Aged and Disabled" program activities for the preceding fiscal year and any recommendations or suggestions ¹[form] for¹ legislative consideration.

(cf: P.L.1978, c.171, s.9)

    4. Section 1 of P.L.1979, c.27 (C.30:4D-34) is amended to read as follows:

    1. Any eligible person under the program of Pharmaceutical Assistance to the Aged and Disabled shall, upon the submission of [such] the application and proof of expenditure as the department may prescribe, be reimbursed for the cost of all prescription drugs purchased by [such] the person, minus a $2.00 copayment per prescription, during the period commencing 30 days after [such] the person's properly completed application was received by the department and ending on the date on which [such] the person received his proof of eligibility from the department; provided, however, that no reimbursement under this act shall be made for any prescription drug purchased prior to the effective date of this act.

(cf: P.L.1979, c.383, s.1)

    5. This act shall take effect on the first day of the second month following enactment.

Extends eligibility for PAAD to persons disabled under certain federal programs.