(1) PROGRAM ESTABLISHED.A program is established in the Agency for Health Care Administration to provide pharmaceutical expense assistance to individuals diagnosed with cancer or individuals who have received organ transplants who were medically needy recipients prior to January 1, 2006.
(2) ELIGIBILITY.Eligibility for the program is limited to an individual who:

(a) Is a resident of this state;

Terms Used In Florida Statutes 402.81

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Department: means the Department of Children and Families. See Florida Statutes 402.302
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
(b) Was a Medicaid recipient under the Florida Medicaid medically needy program prior to January 1, 2006;
(c) Is eligible for Medicare;
(d) Is a cancer patient or an organ transplant recipient; and
(e) Requests to be enrolled in the program.
(3) BENEFITS.Subject to an appropriation in the General Appropriations Act and the availability of funds, the Agency for Health Care Administration shall pay, using Medicaid payment policies, the Medicare Part B prescription drug coinsurance and deductibles for Medicare Part B medications that treat eligible cancer and organ transplant patients.
(4) ADMINISTRATION.The agency shall administer the pharmaceutical expense assistance program in collaboration with the Department of Elderly Affairs and the Department of Children and Families.
(5) NONENTITLEMENT.The pharmaceutical expense assistance program established by this section is not an entitlement. The agency may develop a waiting list based on application dates to use in enrolling individuals when funds become available for unfilled enrollment slots.