RCW 41.05.550
Prescription drug assistance foundation—Nonprofit and tax-exempt corporation—Definitions—Liability.
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Federal poverty level" means the official poverty level based on family size established and adjusted under section 673(2) of the omnibus budget reconciliation act of 1981 (P.L. 97-35; 42 U.S.C. Sec. 9902(2), as amended).
(b) "Foundation" means the prescription drug assistance foundation established in this section, a nonprofit corporation organized under the laws of this state to provide assistance in accessing prescription drugs to qualified uninsured individuals.
(c) "Health insurance coverage including prescription drugs" means prescription drug coverage under a private insurance plan, including a plan offered through the health benefit exchange under chapter 43.71 RCW, the medicaid program, the state children's health insurance program ("SCHIP"), the medicare program, the basic health plan, or any employer-sponsored health plan that includes a prescription drug benefit.
(d) "Qualified uninsured individual" means an uninsured person or an underinsured person who is a resident of this state and whose income meets financial criteria established by the foundation.
(e) "Underinsured" means an individual who has health insurance coverage including prescription drugs, but for whom the prescription drug coverage is inadequate for their needs.
(f) "Uninsured" means an individual who lacks health insurance coverage including prescription drugs.
(2)(a) The *administrator shall establish the foundation as a nonprofit corporation, organized under the laws of this state. The foundation shall assist qualified uninsured individuals in obtaining prescription drugs at little or no cost.
(b) The foundation shall be administered in a manner that:
(i) Begins providing assistance to qualified uninsured individuals by January 1, 2006;
(ii) Defines the population that may receive assistance in accordance with this section; and
(iii) Complies with the eligibility requirements necessary to obtain and maintain tax-exempt status under federal law.
(c) The board of directors of the foundation consists of up to eleven with a minimum of five members appointed by the governor to staggered terms of three years. The governor shall select as members of the board individuals who (i) will represent the interests of persons who lack prescription drug coverage; and (ii) have demonstrated expertise in business management and in the administration of a not-for-profit organization.
(d) The foundation shall apply for and comply with all federal requirements necessary to obtain and maintain tax-exempt status with respect to the federal tax obligations of the foundation's donors.
(e) The foundation is authorized, subject to the direction and ratification of the board, to receive, solicit, contract for, collect, and hold in trust for the purposes of this section, donations, gifts, grants, and bequests in the form of money paid or promised, services, materials, equipment, or other things tangible or intangible that may be useful for helping the foundation to achieve its purpose. The foundation may use all sources of public and private financing to support foundation activities. No general fund-state funds shall be used for the ongoing operation of the foundation.
(f) No liability on the part of, and no cause of action of any nature, shall arise against any member of the board of directors of the foundation or against an employee or agent of the foundation for any lawful action taken by them in the performance of their administrative powers and duties under this section.
[ 2015 c 161 § 1; 2008 c 87 § 1; 2005 c 267 § 1.]
NOTES:
*Reviser's note: The definition for "administrator" was changed to "director" by 2011 1st sp.s. c 15 § 57.
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.05 - State Health Care Authority.
41.05.004 - Intent—Use of word "board."
41.05.008 - Duties of employing agencies.
41.05.009 - Determination of employee or school employee eligibility for benefits.
41.05.0091 - Eligibility exists prior to January 1, 2010.
41.05.013 - State purchased health care programs—Uniform policies—Report to the legislature.
41.05.014 - Applications, enrollment forms, and eligibility certification documents—Signatures.
41.05.015 - Medical director—Appointment of personnel.
41.05.017 - Provisions applicable to health plans offered under this chapter.
41.05.022 - State agent for purchasing health services—Single community-rated risk pool.
41.05.023 - Chronic care management program—Uniform medical plan—Definitions.
41.05.031 - Agencies to establish health care information systems.
41.05.033 - Shared decision-making demonstration project—Preference-sensitive care.
41.05.036 - Health information—Definitions.
41.05.037 - Nurse hotline, when funded.
41.05.039 - Health information—Secure access—Lead organization—Administrator's duties.
41.05.042 - Health information—Processes, guidelines, and standards.
41.05.046 - Health information—Conflict with federal requirements.
41.05.050 - Contributions for employees and dependents—Definitions.
41.05.055 - Public employees' benefits board—Members.
41.05.065 - Public employees' benefits board—Duties—Eligibility—Definitions—Penalties.
41.05.066 - Domestic partner benefits.
41.05.068 - Federal employer incentive program—Authority to participate.
41.05.085 - Retired state employee and retired or disabled school employee health insurance subsidy.
41.05.095 - Coverage for dependents under the age of twenty-six.
41.05.100 - Chapter not applicable to certain employees of Cooperative Extension Service.
41.05.110 - Chapter not applicable to officers and employees of state convention and trade center.
41.05.120 - Public employees' and retirees' insurance account—School employees' insurance account.
41.05.140 - Payment of claims—Self-insurance—Insurance reserve fund created.
41.05.165 - Rules—Insurance benefit reimbursement.
41.05.170 - Neurodevelopmental therapies—Employer-sponsored group contracts.
41.05.175 - Prescribed, self-administered anticancer medication.
41.05.177 - Prostate cancer screening—Required coverage.
41.05.180 - Mammograms—Insurance coverage.
41.05.183 - General anesthesia services for dental procedures—Public employee benefit plans.
41.05.185 - Diabetes benefits—State purchased health care.
41.05.188 - Eosinophilic gastrointestinal associated disorder—Elemental formula.
41.05.195 - Medicare supplemental insurance policies.
41.05.197 - Medicare supplemental insurance policies.
41.05.205 - Tricare supplemental insurance policy—Authority to offer—Rules.
41.05.225 - Blind licensees in the business enterprises program—Plan of health insurance.
41.05.240 - American Indian health care delivery plan.
41.05.280 - Department of corrections—Inmate health care.
41.05.295 - Dependent care assistance program—Health care authority—Powers, duties, and functions.
41.05.300 - Salary reduction agreements—Authorized.
41.05.310 - Salary reduction plan—Policies and procedures—Plan document.
41.05.320 - Salary reduction plan—Eligibility—Participation, withdrawal.
41.05.330 - Salary reduction plan—Accounts and records.
41.05.340 - Salary reduction plan—Termination—Amendment.
41.05.350 - Salary reduction plan—Rules.
41.05.360 - Salary reduction plan—Construction.
41.05.405 - Public option plans—Availability—Hospital contracts—Recommendations.
41.05.410 - Qualified health plans—Contract for—Requirements—Cost and quality data.
41.05.413 - Qualified health plans—Reimbursement limit—Waiver.
41.05.420 - Plan of health care coverage—Prescription insulin drug cost limits—Cost sharing.
41.05.430 - Plan of health care coverage—Immediate postpartum contraception devices.
41.05.520 - Pharmacy connection program—Notice.
41.05.525 - Treatment of opioid use disorder—Prior authorization.
41.05.527 - Opioid overdose reversal medication bulk purchasing and distribution program.
41.05.530 - Prescription drug assistance, education—Rules.
41.05.540 - State employee health program—Requirements—Report.
41.05.600 - Mental health services—Definition—Coverage required, when.
41.05.601 - Mental health services—Rules.
41.05.630 - Annual report of customer service complaints and appeals.
41.05.660 - Community health care collaborative grant program—Award and disbursement of grants.
41.05.670 - Chronic care management incentives—Provider reimbursement methods.
41.05.680 - Report—Chronic care management.
41.05.740 - School employees' benefits board.
41.05.742 - Single enrollment requirement.
41.05.744 - School employee eligibility during COVID-19 state of emergency.
41.05.745 - School employees' benefits board—Employee-paid, voluntary benefits—Optional benefits.
41.05.750 - Problem and pathological gambling treatment program.
41.05.751 - Problem gambling account.
41.05.760 - Recovery residences—Registry.
41.05.761 - Recovery residences—Technical assistance for residences seeking certification.
41.05.762 - Recovery residences—Revolving fund.
41.05.765 - Insulin drugs—Cap on enrollee's required payment amount—Cost-sharing requirements.
41.05.830 - Coverage for hearing instruments—Definitions.