§9502. Declaration of policy.

The General Assembly finds and declares as follows:

(1) A mechanism is to be provided through which patients who have the ability to acquire lower cost drugs through the United States Department of Veterans Affairs have access to those drugs if they reside in a long-term care facility, assisted living residence or personal care home.

(2) The mechanism is to be provided by permitting the pharmacy within the long-term care facility, assisted living residence or personal care home, or which has a contract with the entity to:

(i) receive the lower cost drugs directly from the United States Department of Veterans Affairs drug benefit program in the patient's name; and

(ii) repackage and relabel those drugs so they may be dispensed in unit doses to patients in a long-term care facility, assisted living residence or personal care home in compliance with the Food and Drug Administration, the United States Pharmacopeia and the policies and procedures of the long-term care facility, assisted living residence or personal care home.

(3) This chapter shall be interpreted and construed to effectuate the following purposes:

(i) To provide for the care, protection and treatment of patients in long-term care facilities, assisted living residences and personal care homes by allowing them to utilize the drug benefit provided by the United States Department of Veterans Affairs.

(ii) Consistent with the care, protection and treatment of patients in long-term care facilities, assisted living residences and personal care homes, to provide a means by which a pharmacy, within these settings or that has a contract with the entities listed, may:

(A) accept, on behalf of the patient, drugs received directly from the United States Department of Veterans Affairs; and

(B) repackage and relabel those drugs so that the patient may receive them in a unit dose in compliance with the Food and Drug Administration, the United States Pharmacopeia and the policies and procedures of the long-term care facility, assisted living residence or personal care home.

(iii) To provide a means through which this chapter is executed and enforced and in which long-term care facilities, assisted living residences, personal care homes, pharmacists, drug source facilities and pharmaceutical providers may implement this chapter.

(4) Only individuals eligible for benefits provided by the United States Department of Veterans Affairs are eligible for the program under this chapter.

(Oct. 14, 2014, P.L.2511, No.147, eff. 60 days)

Notation

Special Provisions in Appendix.  See section 3(3)(i) of Act 36 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.