(a) The Department shall administer the Program. The Department shall promulgate and adopt rules and regulations as are necessary to implement the Program in a cost-effective manner and to ensure the Program is the payer of last resort for prescription drugs. The Department shall adopt rules and regulations that include all of the following:

(1) Payment assistance may not exceed $3,000 in a benefit year to assist each eligible person in the purchase of prescription drugs and the payment of certain Medicare Part D costs.

(2) Medicare Part D coverage must be primary to payment assistance under the Program.

(3) The Department shall restrict covered prescription drugs covered under the Program to those manufactured by pharmaceutical companies that agree to provide manufacturer rebates under the drug rebate program established for non-Medicaid programs. The Department shall establish a state rebate program that it determines is in the best interests of the citizens who are being served. The rebate amount must be calculated using the full methodology prescribed by the federal government for the Medicaid program. Notwithstanding any provisions of the Delaware Code to the contrary, the Department shall deposit any drug rebate funds received into the Program’s account and shall use these funds to meet Program costs.

(4) The Department shall develop a copayment requirement, which may not exceed 25% of the acquisition cost but which must be no lower than $5.00. The copayment requirement under this paragraph applies to prescription drug costs not covered by Medicare Part D.

(5) The Department shall provide a clear, written explanation defining the scope of the Program’s coverage, the amount of the cost-sharing requirements, and any limitations on access to covered prescription drugs. The Department shall provide notice, when 75% of the cap has been expended. The Department shall also notify individuals of the process to appeal a decision denying reimbursement for prescription drugs or denying an individual’s eligibility for the Program. Services are to begin on the first day of the month, following the month that eligibility is determined. An eligible person must be provided an identification card for the Program.

(6) A system of administration may not make direct cash payment to any eligible person.

(b) The Department may promulgate and adopt rules and regulations that do any of the following:

(1) Limit application to the Program to a specific open-enrollment period.

(2) Limit Medicare Part D plan options to align with federal Low Income Subsidy benchmarks.

(3) Develop prescription quantity limits.

(4) Impose an annual enrollment fee in an amount not to exceed $20 that must be paid by all eligible persons in the Program to defray administrative expenses. Payment of any such fee must be credited to a special fund to be designated as the Prescription Assistance Fund. For each year, the maximum unencumbered balance that may remain in the Prescription Assistance Fund at the end of any year may not be more than the administrative cost of the Program in the subsequent year.

(5) Determine income eligibility of an individual by any reasonable means, including a review of the individual’s most recent federal and state income tax returns and copies of income checks. Determine residency, age, and disability eligibility by submission of documents the Department deems reasonable.

(6) Otherwise enable the Department to implement the Program consistent with the purposes outlined in this chapter and the appropriations provided to implement the Program.

72 Del. Laws, 1st Sp. Sess., c. 259, § 1; 75 Del. Laws, c. 17, §§ 8, 10; 75 Del. Laws, c. 363, § 1; repealed by 81 Del. Laws, c. 58, § 40, eff. July 3, 2017; 81 Del. Laws, c. 328, § 1.