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Am. Sub. H. B. No. 4As Passed by the House
As Passed by the House
|124th General Assembly|
REPRESENTATIVES Hagan, Jolivette, Goodman, Gilb, Schneider, Kearns, Fessler, Aslanides, Collier, Britton, Driehaus, Fedor, Young, Barrett, Flowers, Rhine, Flannery, Core, Evans, Woodard, Peterson, Otterman, Latta, Carmichael, Niehaus, Seitz, Buehrer, Jones, Cates, Carey, Strahorn, Schmidt, Husted, DeWine, Metzger, Allen, Willamowski, Womer Benjamin, Cirelli, Oakar, Ogg, Redfern, Coates, Metelsky, Sulzer, Perry, DePiero, Faber, S. Smith, Callender, Key, Damschroder, Manning, Wilson, Widowfield, Hollister, Lendrum, Latell, Krupinski, G. Smith, Hughes, White, Reidelbach, Olman, Reinhard, Jerse, Clancy, Salerno
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
To amend section 173.06 and to enact sections
of the Revised
Code to create
program for Ohio
residents who are age 60
or disabled and
to provide that records
identifying recipients of
Buckeye cards or
prescription drug discount
cards issued by the
Department of Aging are not
Section 1. That section 173.06 be amended and sections
173.061 and 173.062
of the Revised
Code be enacted to read as
Sec. 173.06. (A) The director of aging shall establish a
golden buckeye card program and provide a golden buckeye card to
any resident of this state who applies to the director for a card
and who is sixty years of age or older or disabled. The director
shall devise programs to provide benefits of any kind to card
holders, and encourage support and participation in them by all
persons, including governmental organizations. Card holders
be entitled to any benefits granted to them by private
organizations, the laws of this state, or ordinances
resolutions of political subdivisions. This section does not
require any person or organization to provide benefits to any
holder. The department of aging shall bear all costs of the
program, except that the department is not required to bear any
costs related to the prescription drug discount program
established pursuant to section 173.061 of the Revised Code.
(B) Before issuing a golden buckeye card to any person,
director shall establish the identity of any person who
for a card and shall ascertain that such person is sixty
age or older or disabled. The director shall adopt
Chapter 119. of the Revised Code to prevent the
issuance of cards
to persons not qualified to have them. Cards
shall contain the
signature of the card holder and any other
director considers necessary to carry out the
purposes of the
golden buckeye card program under this section.
Any card that the
director issues shall be held in perpetuity by
the original card
holder and shall not be transferable to any
other person. A
person who loses
the person's card may
obtain another card
from the director upon providing the same information to
director as was required for the issuance of the original card.
(C) No person shall use a golden buckeye card except to
obtain a benefit for the holder of the card to which the holder
entitled under the conditions of the offer.
(D) As used in this section, "disabled person" means a
person who has some impairment of body or mind that makes the
person unfit to work at any substantially remunerative employment
he or she
the person is substantially able to perform and
that will, with reasonable probability, continue for a period of
twelve months without any present indication of recovery
therefrom, or who has been certified as permanently and totally
disabled by an agency of this state or the United States having
the function of so classifying persons.
Sec. 173.061. (A) As used in this section:
(1) "Prescription drug" means a drug that may not be
dispensed without a prescription from a licensed health
professional authorized to prescribe drugs.
(2) "Drug," "licensed health professional authorized to
prescribe drugs," "pharmacy," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(3) "Disabled person" has the same meaning as in section
173.06 of the Revised Code.
(B) The director of aging shall establish a prescription
drug discount card program that enables card holders to receive
discounts on prescription drugs dispensed at participating
pharmacies. A card shall be provided to any resident of this state
who applies in accordance with rules adopted by the director
pursuant to division (F) of this section and is age sixty or older
or is a disabled person.
(C) With approval from the controlling board, the director
shall contract with an entity separate from the department of
aging to act as the program's administrator. The director shall
accept proposals that provide for administration of the program in
accordance with rules adopted under division (F) of this section.
Proposals must be submitted not later than a date established by
The director shall contract with the program's administrator
on the basis of the proposals submitted, but may require the
administrator to modify its conduct of the program in accordance
with rules adopted under division (F) of this section. The
director shall adopt rules specifying the period for which the
contract will be in effect and may terminate the contract if the
administrator fails to conduct the program in accordance with its
proposal or with any modifications required by rule. When the
contract period ends or the contract is terminated, the director
shall enter into a new contract in the manner specified in this
section for the original contract. Prior to making a new
contract, the director may modify the rules for administration of
(D) The rules for administration of the program established
under division (C) of this section may permit the administrator to
charge a fee for the prescription drug discount card. The fee may
be a one-time or periodic fee. If the rules permit a fee to be
charged, each entity that submits a proposal under which a fee
will be charged shall specify the amount of the fee and the period
to which the fee will apply.
If the administrator charges a fee for the prescription drug
discount card, the rules may require the administrator to issue
the cards. If the administrator does not charge a fee, the rules
may require the administrator to issue the cards or may include
the prescription drug discount information on golden buckeye cards
issued under section 173.06 of the Revised Code.
(E) As used in this division, "administrator" includes the administrator's parent company and any subsidiary of the parent company.
(1) The administrator shall not sell any information
concerning a person who holds a prescription drug discount card,
other than aggregate information that does not identify the
cardholder, without the cardholder's written consent.
(2) Unless the administrator has the cardholder's written consent, the administrator shall not use any personally identifiable information concerning a cardholder that it obtains through the program to promote or sell a program or product offered by the administrator that is not related to the administration of the program. This division does not prohibit the administrator from contacting cardholders concerning participation in or administration of the program, including, but not limited to, mailing a list of pharmacies participating in the program's network.
(F) The director shall adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:
(1) Specify how a resident may apply to receive a
prescription drug discount card;
(2) Provide for the administration of the program;
(3) Specify the circumstances under which the director may
require the administrator to modify its conduct of the program;
(4) Specify the duration of the contract;
(5) Specify whether the administrator may charge a fee for
the card and whether the administrator is required to issue the
(6) Require that the administrator permit any pharmacy
willing to comply with the administrator's terms and conditions
for participation in the program's network to participate in any
network used by the administrator for the program;
(7) Prohibit the administrator from requiring a pharmacy to
participate in the program's network as a condition of
participation in another network operated by the administrator.
Sec. 173.062. Records identifying the recipients of golden
buckeye cards issued under section 173.06 of the Revised Code or
prescription drug discount cards issued under section 173.061 of
the Revised Code are not public records subject to inspection or
copying under section 149.43 of the Revised Code and may be
disclosed only at the discretion of the director of aging.
Section 2. That existing section 173.06 of the Revised Code
is hereby repealed.