(

a) The department shall establish uniform standards of financial eligibility for the drugs under the program established under this chapter. (

b) Nothing in the financial eligibility standards shall prohibit drugs to an otherwise eligible person whose modified adjusted gross income does not exceed percent of the federal poverty level per year based on family size and household income. However, the director may authorize drugs for persons with incomes higher than percent of the federal poverty level per year based on family size and household income if the estimated cost of those drugs in one year is expected to exceed percent of the person’s modified adjusted gross income. Beginning January 1, 2025, or as soon as technically feasible thereafter, the financial eligibility standard in this

section shall increase to percent of the federal poverty level per year based on family size and household income. (

c) A county public health department administering this program pursuant to an agreement with the director pursuant to subdivision (

b) of

Section shall use no more than percent of total payments that it collects pursuant to this

section to cover any administrative costs related to eligibility determinations, reporting requirements, and the collection of payments. (

d) A county public health department administering this program pursuant to subdivision (

b) of

Section shall provide all drugs added to the program pursuant to subdivision (

a) of

Section within days of the action of the director. (

e) For purposes of this section, the following terms shall have the following meanings: (1) “Family size” has the meaning given to that term in

Section 36B(d)(1) of the Internal Revenue Code of 1986, and shall include same or opposite sex married couples, registered domestic partners, and any tax dependents, as defined by

Section of the Internal Revenue Code of 1986, of either spouse or registered domestic partner. (2) “Federal poverty level” refers to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title of the United States Code. (3) “Household income” means the sum of the applicant’s or recipient’s modified adjusted gross income, plus the modified adjusted gross income of the applicant’s or recipient’s spouse or registered domestic partner, and the modified adjusted gross incomes of all other individuals for whom the applicant or recipient, or the applicant’s or recipient’s spouse or registered domestic partner, is allowed a federal income tax deduction for the taxable year. (4) “Internal Revenue Code of 1986” means Title of the United States Code, including all amendments enacted to that code. (5) “Modified adjusted gross income” has the meaning given to that term in

Section 36B(d)(2)(

B) of the Internal Revenue Code of 1986.