As used in sections 208.780 to 208.798, the following terms shall mean:

(1) “Asset test”, the asset limits as defined by the Medicare Prescription Drug Improvement and Modernization Act, P.L. 108-173;

Terms Used In Missouri Laws 208.780

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Place of residence: means the place where the family of any person permanently resides in this state, and the place where any person having no family generally lodges. See Missouri Laws 1.020
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • United States: includes such district and territories. See Missouri Laws 1.020

(2) “Contractor”, the person, partnership, or corporate entity which has an approved contract with the department to administer the pharmaceutical assistance program established under sections 208.780 to 208.798 and this chapter;

(3) “Department”, the department of social services;

(4) “Division”, the MO HealthNet division of the department of social services;

(5) “Enrollee”, a resident of this state who meets the conditions specified in sections 208.780 to 208.798 and in department regulations relating to eligibility for participation in the Missouri Rx plan and whose application for enrollment in the Missouri Rx plan has been approved by the department;

(6) “Federal poverty guidelines”, the federal poverty guidelines updated annually in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2);

(7) “Liquid assets”, assets used in the eligibility determination process as defined by the Medicare Modernization Act;

(8) “Medicaid dual eligible” or “dual eligible”, a person who is eligible for both Medicare and Medicaid as defined by the Medicare Modernization Act;

(9) “Medicare Modernization Act” or “MMA”, the Medicare Prescription Drug, Improvement and Modernization Act of 2003, P.L. 108-173;

(10) “Medicare Part D prescription drug benefit”, the prescription benefit provided under the Medicare Modernization Act, as it may vary from one prescription drug plan to another;

(11) “Missouri resident”, a person who has or intends to have a fixed place of residence in Missouri, with the present intent of maintaining a permanent home in Missouri for the indefinite future;

(12) “Missouri Rx plan”, the state pharmacy assistance program created in section 208.782, or the combination of state and federal programs providing services to the population described in section 208.784;

(13) “Participating pharmacy”, a pharmacy that elects to participate as a pharmaceutical provider and enters into a participating network agreement with the department or contractor;

(14) “Prescription drug plan” or “PDP”, nongovernmental drug plans under contract with the Center for Medicare and Medicaid Services to provide prescription benefits under the Medicare Modernization Act;

(15) “Prescription drugs”, outpatient prescription drugs that have been approved as safe and effective by the United States Food and Drug Administration. Prescription drugs do not include experimental drugs or over-the-counter pharmaceutical products;

(16) “Program”, the Missouri Rx plan created under sections 208.780 to 208.798.

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