218 R.I. Code R. 218-RICR-40-00-2.1

Current through December 3, 2024

Section 218-RICR-40-00-2.1 - Overview and General Requirements

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.

2.1.1Program 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.

2.1.2Non-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.

2.1.3Compliance 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.

2.1.4Compliance 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.

2.1.5Division'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.

218 R.I. Code R. 218-RICR-40-00-2.1