AIDS Drug Assistance Programs Law and Legal Definition

AIDS drug assistance programs are HIV treatment programs for low income patients in the U.S. These programs provide U.S. Food and Drug Administration approved HIV treatment drug for the low income groups. They are conducted in all fifty states of the U.S. These programs were started in 1987. The Ryan White Care Act expanded the program.

Each state administers these programs using funds from the U.S. government. Each state sets forth certain eligibility criteria in order to qualify for assistance. For example, in Illinois, the Illinois Department of Public Health administers the AIDS Drug Assistance Program (ADAP). In order to qualify for ADAP, a person must meet the following criteria:

Be a resident of Illinois.

Be domiciled in Illinois.

Complete the ADAP application provided by the department.

Be diagnosed as having AIDS or HIV

Qualify financially [anticipated gross annual income must be at or below 500 percent of the current (2010) federal poverty level for the size of the household: $52,000 for a household of one; $70,000 for a household of two].

If the applicant does not have income, supporting documents must be submitted.

If the applicant is eligible for health insurance coverage, the company must be willing to participate with the contracted dispensing pharmacy for dispensing and billing purposes and only drugs on the ADAP Formulary will be covered. Applicants with insurance policies less than 20 percent or less than $100 copayments for prescriptions are ineligible for ADAP services;

The applicant should not be eligible for medical assistance through the Illinois Department of Healthcare & Family Services, Medical Assistance Program on the date drugs are obtained.

The applicant should not be eligible for Medicare Part-D prescription drug plan and have assistance through Social Security “Extra Help” or Illinois Cares Rx.