Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 40 - Division of Elderly Affairs › Subchapter 00 - N/A › Part 2 - Rules, Regulations, and Standards Governing the Pharmaceutical Assistance to the Elderly Program (218-RICR-40-00-2) › Section 218-RICR-40-00-2.1 - Overview and General Requirements

Current through June 14, 2024
A. These rules,
				  regulations and standards supersede any and all prior rules, regulations, and
				  standards relating to the creation and provision of pharmaceutical services to
				  the elderly promulgated pursuant to R.I. Gen. Laws Chapter 42-66.2 et seq. They
				  have been promulgated to ensure that basic information about the nature of
				  available services and eligibility to receive these services is readily
				  available to qualified service recipients and their families
B. The intent of the Program is to be the
				  payer of last resort and is limited to eligible persons and eligible
				  drugs
C. Pursuant to the provisions
				  of the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-3,
				  the following were given consideration in arriving at the regulations:
1. alternative approaches to the
				  regulations;
2. duplication or
				  overlap with other state regulations; and significant economic impact.
a. No alternative approach was
				  identified;
b. nor any duplication
				  or overlap.
2.1.1
Program Authority
The Rhode Island Pharmaceutical Assistance to the Elderly
					 Program (RIPAE) is authorized by, and these regulations are promulgated under,
					 the authority of R.I. Gen. Laws Chapter 42-66.2 et seq., "Rhode Island
					 Pharmaceutical Assistance to the Elderly Program", as amended.
2.1.2
Non-discrimination and
				  Civil Rights Policy
Each agency and individual involved in RIPAE shall be
					 responsible for maintaining a policy of nondiscrimination in the provision of
					 services to participants and in the employment of staff without regard to race,
					 color, creed, national origin, sex, sexual orientation, age, handicapping
					 condition or degree of handicap, in accordance with Title VI of the Civil
					 Rights Act of 1964; the Rhode Island Executive Order No. 92-2, dated January
					 23, 1992 and entitled "Compliance with the Americans with Disabilities Act";
					 the United States Executive Order No. 11246 entitled "Equal Employment
					 Opportunity"; United States Department of Labor Regulations; Title V of the
					 Rehabilitation Act of 1973, as amended; the 1990 Americans With Disabilities
					 Act; R.I. Gen. laws Chapter 42-87, which states that "Discrimination" includes
					 those acts prohibited on the basis of race by 42 U.S.C. #1981, 1983 and those
					 on the basis of handicap by
					  29 U.S.C. §
												794  and those on the basis of
					 disability by 42 U.S.C. § 12100 et seq. and those on the basis of
					 disability by R.I. Gen. Laws Chapter 28-5; and the Rhode Island Fair Employment
					 Practices Act.
2.1.3
Compliance
				  with All Laws, Codes, Rules and Regulations
Each agency and individual that delivers RIPAE services
					 shall be responsible for complying with all local, state, and federal laws,
					 codes, rules and regulations that apply to the Program.
2.1.4
Compliance with Pharmacy Laws,
				  Codes, Rules and Regulations
All pharmacy laws, codes, rules and regulations that apply
					 to prescription medications shall apply to the RIPAE Program. RIPAE enrollees
					 shall be subject to these legal requirements.
2.1.5
Division's Duties under the
				  Program
A. The Director shall enter
				  into a contract with a contractor for the effective administrative support of
				  this program.
B. The contractor
				  shall serve as the link between RIPAE and participating pharmacies. All
				  payments to pharmacies shall be made by the contractor. The contractor and all
				  participating pharmacies shall be in compliance with all applicable sections of
				  R.I. Gen. Laws Chapter 42-66.2, as amended, and these rules and
				  regulations.