1. (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. (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.