2001 - 8
MICHIGAN PHARMACY AND THERAPEUTICS COMMITTEE
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
WHEREAS, the state of Michigan desires to provide the greatest possible access to cost effective prescription drug coverage for all of its citizens, including, but not limited to, those receiving services through its Medicaid Program; and
WHEREAS, responsible management of the state of Michigan's fiscal resources is beneficial to the state and all of its citizens; and
WHEREAS, consistent, prudent management of the state's prescription drug programs protects the state's ability to continue to offer high levels of health care to its citizens; and
WHEREAS, Act No. 280 of the Public Acts of 1939, as amended, being Section 400.111a of the Michigan Compiled Laws, authorizes and charges the Director of the Department of Community Health to monitor the Medicaid pharmacy program; and
WHEREAS, Act No. 60 of the Public Acts of 2001, authorizes the Department of Community Health to develop and implement pharmacy program policy changes; and
WHEREAS, Section 1927 of the federal Social Security Act, 42 USC 1396r-8, authorizes and allows the state of Michigan to develop Medicaid policy related to the reimbursement, utilization and limitation on the coverage of drugs.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
A. "Committee" means the Michigan Pharmacy and Therapeutics Committee established by this Executive Order.
B. "Department" means the Department of Community Health, the principal department of state government created by Executive Order 1996-1, being Section 330.3101 of the Michigan Compiled Laws.
II. Establishment of the Michigan Pharmacy and Therapeutics Committee
A. Consistent with the provisions of Section 1927 of the federal Social Security Act, 42 USC 1396r-8, the Michigan Pharmacy and Therapeutics Committee is hereby established within the Department of Community Health as a Type II entity as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
B. The Committee shall consist of eleven (11) members:
Each physician and pharmacist member shall be licensed to practice in the state of Michigan pursuant to the applicable provisions of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended, being Section 333.1101 et seq. of the Michigan Compiled Laws and any regulations adopted pursuant to the act. Physician and pharmacist Committee members shall represent a broad range of professional specialties, knowledge and expertise associated with drug therapy issues.
C. Members of the Committee shall be appointed by the Governor and shall serve a term of two (2) years, except that, of the members first appointed, three (3) physician members and two (2) pharmacist members shall be appointed for a term of one (1) year.
D. An individual selected to serve as a physician or pharmacist member of the Committee shall serve only while maintaining in good standing his or her professional license under the applicable provisions of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended, being Section 333.1101 et seq. of the Michigan Compiled Laws and any regulations adopted pursuant to the act. An individual physician's or pharmacist's failure to maintain a license shall immediately terminate that individual's membership on the Committee.
E. Any vacancy on the committee shall be filled in the same manner as the original appointment.
F. A person appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member who he or she is to succeed in the same manner as the original appointment. A member may be reappointed for additional terms.
III. Charge to the Committee
The Committee shall be advisory in nature and shall assist the Department with the following functions pursuant to the applicable state and federal law:
A. The Committee shall advise the Department on issues affecting prescription drug coverage for its various health care programs.
B. The Committee shall recommend to the Department guidelines for prescription drugs covered in its various health care programs.
IV. OPERATIONS OF THE COMMITTEE
A. The Governor shall designate one (1) member of the Committee to serve as chairperson. This member shall serve as Chair at the pleasure of the Governor.
B. The Committee may promulgate bylaws, not inconsistent with law and with this Order, governing its organization, operation and procedure.
C. Members of the Committee shall not delegate their responsibilities to other persons. A majority of the serving members constitutes a quorum for the transaction of business at a meeting. The Committee shall act by a majority vote of its serving members.
D. The Committee shall meet at the call of the chairperson and as may be provided in the bylaws of the Committee. Meetings of the Committee may be held at any location within the state of Michigan. The Committee shall meet at least semi-annually.
E. The Committee may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Committee may consult with outside experts in order to perform its duties.
F. The Committee may establish one or more subcommittees consisting of Committee members to investigate and analyze specific issues, consistent with the charge to the Committee contained in Section III of this order. The chair of the Committee, or a member of the Committee designated by the chair, shall be a member of each subcommittee established by the Committee. Subcommittees shall recommend proposed actions, plans, comments, formulas, measures, reports or policies to the Committee, consistent with the Committee's charge. The Committee may adopt, reject or modify recommendations proposed by subcommittees.
G. Members of the Committee shall serve without compensation. Members of the Committee may receive reimbursement for necessary travel and expenses according to relevant statutes, rules and procedures of the Department of Management and Budget and the Civil Service Commission.
H. The Department may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the performance of the Committee's duties, as the Department Director deems appropriate. Such procurements shall be in accordance with the relevant statutes, rules and procedures of the Department of Management and Budget and the Civil Service Commission.
I. The Committee may apply for, receive and expend monies from any source, public or private, including but not limited to, gifts, grants, donations of monies and government appropriations. The Committee may also accept donations of labor, services, or other things of value from any public or private agency or person. Individual members of the Committee shall fully comply with the provisions of the Act No. 196 of the Public Acts of 1973, as amended, being Section 15.341 et seq. of the Michigan Compiled Laws, governing the standards of conduct for public officers and employees of the state of Michigan.
J. Members of the Committee shall refer all legal, legislative and media contacts to the Department.
K. The Committee shall be staffed by personnel within the Department as designated by the Director.
A. All departments, committees, commissioners or officers of the state or of any political subdivision thereof shall give to the Committee, or to any member or representative thereof, any necessary assistance required by the Committee, or any member of representative thereof, in the performance of the duties of the Committee so far as is compatible with its, his or her duties; free access shall also be given to any books, records or documents in its, his or her custody, relating to matters within the scope of inquiry, study or investigation of the Committee.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.
The provisions of this Executive Order shall become effective upon filing.
Given under my hand and the Great Seal of the State of Michigan this 5th day of October, in the Year of our Lord, Two Thousand One.
BY THE GOVERNOR:
SECRETARY OF STATE