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    161-K:3 Duties of the Department. –

In providing program benefits the department may:

I. Enter into a contract with one or more prescription drug plans to coordinate the prescription benefits of the program and the federal law.

II. Require that pharmaceutical manufacturers provide medicaid level, or greater, rebates in order for the manufacturer’s products to be available to the enrollees of the program. These rebates shall be no less than those provided to medicaid under Title XIX of the federal Social Security Act.

III. Preliminarily enroll or re-enroll beneficiaries into a preferred Medicare Part D plan, or disenroll such beneficiaries from another non-preferred PDP with an "opt out" provision for the individual. Individuals that opt out of the preferred PDP shall remain enrolled in the program unless they choose to disenroll from such program.

IV. Prescribe the application and enrollment procedures for prospective enrollees.

V. Select, in accordance with applicable state law, a contractor to assist in administration of the program or negotiate program administrative functions with a preferred PDP plan. Program benefits shall begin January 1, 2006. For persons meeting the eligibility requirements in RSA 161-K:2, the program may pay all or some of the deductibles, co-insurance payments, premiums, and co-payments required under the Medicare Part D pharmacy benefit program.

Source. 2005, 294:1, eff. July 26, 2005.