(1) As used in this section, unless the context otherwise requires, medication means prescription medication that is not a controlled substance.
(2) A pharmacist participating in the medical assistance program may accept unused medication from a licensed facility, as defined in section 12-280-135 (1)(b), or a licensed health-care provider for the purpose of dispensing the medication to another person. A pharmacist shall reimburse the state department for the cost of medications that the state department has paid to the pharmacist if medications are returned to a pharmacist and the medications are available to be dispensed to another person. Medications shall only be available to be dispensed to another person under this section if the medications are:
(a) Liquid and the vial is still sealed and properly stored;
(b) Individually packaged and the packaging has not been damaged; or
(c) In the original, unopened, sealed, and tamper-evident unit dose packaging.
(3) Medication dispensed pursuant to this section shall bear an expiration date that is later than six months after the date the drug was donated.
(4) Any savings realized through reimbursements received pursuant to subsection (2) of this section shall fund the administration of this section.
(5) The state board, in consultation with the state board of pharmacy, shall adopt rules for the implementation of this section.
Source: L. 2006: Entire article added with relocations, p. 1904, � 7, effective July 1. L. 2012: IP(2) amended, (HB 12-1311), ch. 281, p. 1621, � 76, effective July 1. L. 2019: IP(2) amended, (HB 19-1172), ch. 136, p. 1710, � 186, effective October 1. L. 2021: (4) amended, (SB 21-266), ch. 423, p. 2803, � 24, effective July 2.
Editor's note: This section is similar to former � 26-4-406.3 as it existed prior to 2006.
25.5-5-503. Prescription drug benefits - authorization - dual-eligible participation. (1) The state department is authorized to ensure the participation of Colorado medical assistance members who are also eligible for medicare in any federal prescription drug benefit enacted for medicare recipients.
(2) Prescribed drugs are not a covered benefit under the medical assistance program for a member who is eligible for a prescription drug benefit program under medicare; except that, if a prescribed drug is not a covered Part D drug as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Pub.L. 108-173, the prescribed drug may be a covered benefit if it is otherwise covered under the medical assistance program and federal financial participation is available.
Source: L. 2006: Entire article added with relocations, p. 1905, � 7, effective July 1. L. 2007: (2) amended, p. 1631, � 1, effective July 1. L. 2024: Entire section amended, (SB 24-176), ch. 152, p. 657, � 64, effective August 7.
Editor's note: This section is similar to former � 26-4-406.5 as it existed prior to 2006.
Cross references: For additional information on the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003, see Pub.L. 108-173.