Sec. 17b-490. (Formerly Sec. 17a-340). Definitions.
Sec. 17b-490. (Formerly Sec. 17a-340). Definitions. As used in sections 17b-490
to 17b-498, inclusive:
(a) "Pharmacy" means a pharmacy licensed under section 20-594 or a pharmacy
located in a health care institution, as defined in subsection (a) of section 19a-490, which
elects to participate in the program;
(b) "Prescription drugs" means (1) legend drugs, as defined in section 20-571, (2)
any other drugs which by state law or regulation require the prescription of a licensed
practitioner for dispensing, except: (A) Products prescribed for cosmetic purposes as
specified in regulations adopted pursuant to section 17b-494; (B) on and after September
15, 1991, diet pills, smoking cessation gum, contraceptives, multivitamin combinations,
cough preparations and antihistamines; (C) drugs for the treatment of erectile dysfunction, unless such drug is prescribed to treat a condition other than sexual or erectile
dysfunction, for which the drug has been approved by the Food and Drug Administration; and (D) drugs for the treatment of erectile dysfunction for persons who have been
convicted of a sexual offense who are required to register with the Commissioner of
Public Safety pursuant to chapter 969, and (3) insulin and insulin syringes;
(c) "Reasonable cost" means the cost of the prescription drug determined in accordance with the formula adopted by the Commissioner of Social Services in regulations
for medical assistance purposes plus a dispensing fee equal to the fee determined by
said commissioner for medical assistance purposes;
(d) "Resident" means a person legally domiciled within the state for a period of not
less than one hundred eighty-three days immediately preceding the date of application
for inclusion in the program. Mere seasonal or temporary residences within the state,
of whatever duration, shall not constitute domicile;
(e) "Disabled" means a person over eighteen years of age who is receiving disability
payments pursuant to either Title 2 or Title 16 of the Social Security Act of 1935, as
amended;
(f) "Commissioner" means the Commissioner of Social Services;
(g) "Income" means adjusted gross income as determined for purposes of the federal
income tax plus any other income of such person not included in such adjusted gross
income minus Medicare Part B premium payments. The amount of any Medicaid payments made on behalf of such person or the spouse of such person shall not constitute
income;
(h) "Program" means the Connecticut Pharmaceutical Assistance Contract to the
Elderly and the Disabled Program otherwise known as ConnPACE;
(i) "Pharmaceutical manufacturer" means any entity holding legal title to or possession of a national drug code number issued by the federal Food and Drug Administration;
(j) "Average manufacturer price" means the average price paid by a wholesaler to
a pharmaceutical manufacturer, after the deduction of any customary prompt payment
discounts, for a product distributed for retail sale;
(k) "Assets" means a person's resources, as defined by Public Law 108-173, the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003;
(l) "Low income subsidy" means a premium and cost-sharing subsidy for low-income individuals, as defined by Public Law 108-173, the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003;
(m) "Medicare Part D covered prescription drugs" means drugs that are included
in Medicare Part D plan's formulary or are treated as being included in a Medicare Part
D plan's formulary, as defined by Public Law 108-173, the Medicare Prescription Drug,
Improvement and Modernization Act of 2003;
(n) "Medicare Part D plan" means a Medicare Part D plan, as defined by Public
Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003;
(o) "Gap in standard Medicare Part D coverage" means a drug obtained after a
Medicare Part D beneficiary's initial coverage limit has been exceeded but before the
beneficiary's annual out-of-pocket threshold has been met, as defined by Public Law
108-173, the Medicare Prescription Drug, Improvement, and Modernization Act of
2003.
(P.A. 85-573, S. 3, 18; P.A. 87-3, S. 1, 9; 87-12, S. 1, 2; 87-267, S. 3; 87-589, S. 11, 87; P.A. 90-89, S. 1; June Sp. Sess.
P.A. 91-8, S. 45, 63; P.A. 92-196, S. 1, 4; P.A. 93-262, S. 1, 87; May Sp. Sess. P.A. 94-5, S. 1, 30; P.A. 05-280, S. 14, 20;
P.A. 06-188, S. 11.)
History: P.A. 85-573, S. 3 effective July 10, 1985, and applicable in any municipality to the assessment year commencing
October 1, 1985, and each assessment year thereafter; P.A. 87-3 redefined "pharmacy" to include pharmacies located in
health care institutions, redefined "reasonable cost" to be the cost as determined by a formula adopted in regulations for
medical assistance plus a dispensing fee, added Subdiv. (e) which defined "disabled", and redefined "program" to include
the disabled; P.A. 87-12 redefined "prescription drugs" to include any drugs which require a prescription of a licensed
practitioner for dispensing; P.A. 87-267 amended Subsec. (g) by adding the provision on Medicaid payments; P.A. 87-589 revised definition of "disabled"; P.A. 90-89 redefined "prescription drugs" to exclude products prescribed for cosmetic
purposes as specified in regulations; Sec. 17-510 transferred to Sec. 17a-340 in 1991; June Sp. Sess. P.A. 91-8 redefined
"prescription drugs" to exclude diet pills, smoking cessation gum, contraceptives, multivitamins, cough preparations and
antihistamines, redefined "reasonable cost" by deleting the reference to generic drugs and added Subsecs. (i) and (j)
defining "pharmaceutical manufacturer" and "wholesale price"; P.A. 92-196 amended Subsec. (j) by substituting "average
manufacturer price" for "wholesale price"; P.A. 93-262 authorized substitution of commissioner and department of social
services for commissioner and department of income maintenance and commissioner and department on aging, effective
July 1, 1993; May Sp. Sess. P.A. 94-5 amended Subsec. (g) to specifically subtract Medicare Part B premiums payments
from consideration as adjusted gross income, effective July 1, 1994; Sec. 17a-340 transferred to Sec. 17b-490 in 1995;
P.A. 05-280 amended Subsec. (b)(2) by designating existing exceptions as Subparas. (A) and (B) and adding Subpara. (C)
excluding drugs for the treatment of erectile dysfunction for persons convicted of a sexual offense who are required to
register with the Commissioner of Public Safety pursuant to chapter 969 from definition of "prescription drugs", amended
Subsec. (b)(3) by deleting "insulin needles" from said definition, amended Subsec. (h) by making a technical change and
added Subsecs. (k) to (o) defining "assets", "low income subsidy", "Medicare Part D covered prescription drugs", "Medicare
Part D plan" and "gap in standard Medicare Part D coverage", effective July 1, 2005; P.A. 06-188 amended Subsec. (b)(2)
by redefining "prescription drugs" to exclude drugs for the treatment of erectile dysfunction unless such drug is prescribed
to treat a condition other than sexual or erectile dysfunction and has been approved by the Food and Drug Administration,
effective July 1, 2006.