WEST VIRGINIA CODE











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WVC 5 A- 3 C- 4

§5A-3C-4. Creation of clearinghouse program.

(a) There is hereby created the state prescription drug

assistance clearinghouse program. The brand pharmaceutical

manufacturers shall create and implement a program to assist state

residents who are low income or uninsured to gain access to

prescription medications through existing private and public sector

programs and prescription drug assistance programs offered by

manufacturers, including discount and coverage programs. The brand

pharmaceutical manufacturers shall use available computer software

programs that access an eligible individual with the appropriate

private or public programs relating to the individual's medically

necessary drugs. The brand pharmaceutical manufacturers shall

provide education to individuals and providers to promote the

program and to expand enrollment and access to necessary

medications for low-income or uninsured individuals qualifying for

the programs. The participating brand pharmaceutical manufacturers

shall be responsible for the cost of the establishment of the

program, and be responsible for running the program, regardless of

the date of transfer of the program to the state, for the period of

time until a date no earlier than the thirtieth day of June, two

thousand five, and ownership of the technology, website and other

program features shall be transferred to the state on the same

date. The secretary of the department of health and human

resources and the director of the public employees insurance agency

shall provide joint oversight over the establishment and construction of the program and program features for the period of

time prior to the transfer of ownership to the state. The

pharmaceutical council shall recommend the state agency to own,

control and operate the program, technology and program features,

and shall include such recommendation in its report on or before

the first day of September, two thousand four, to the joint

committee on government and finance, as provided for in section

eight of this article. In addition, the pharmaceutical

manufacturers shall report to the Joint Committee on Government and

Finance on a monthly basis all activities related to the

implementation of this program including the number of citizens

serviced and the services provided.

(b) The participating brand pharmaceutical manufacturers shall

contribute the funding for the promotion of the public relations

program attendant to the establishment of the program. The

participating brand pharmaceutical manufacturers shall be

responsible for the cost of the establishment of the program and

the cost of the ongoing program, regardless of the date of transfer

of ownership of the program to the state, for the period of time

until the thirty-first day of December, two thousand four.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.