Section R9-6-408. Termination from ADAP Services

A.      The Department may terminate an individual’s enrollment in ADAP if:

1.        The Department learns that information submitted to the Department by the individual or the individual’s repre- sentative under R9-6-404(A) or (C), R9-6-407(A), or R9- 6-409(E) is inaccurate or incomplete;

2.        The vendor pharmacy does not receive a request from the individual or the individual’s representative for any refill of a drug for a period of 90 calendar days; or

3.        The individual or the individual’s representative exhibits violent or threatening behavior to an employee of the Department or the vendor pharmacy, as established by documentation such as a police report or a written docu- ment from the individual.

B.       The Department may terminate approval of a restricted drug for an individual enrolled in ADAP if the Department learns that the enrolled individual:

1.        Is not following the instructions of the enrolled individ- ual’s primary care provider regarding the use of the restricted drug; or

2.        Has not had additional laboratory analyses performed, as required in R9-6-409(E)(1)(i)(ii), to support continuing use of the restricted drug.

C.      The Department shall send to an individual or the individual’s representative a written notice of termination setting forth the information required under A.R.S. § 41-1092.03 if the Depart- ment terminates:

1.        The individual’s enrollment in ADAP, or

2.        Approval of a restricted drug for the individual.

Historical Note

Adopted as an emergency effective January 12, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Emergency expired. Readopted without change as an emergency effective May 9, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-2).

Former Section R9-6-809 renumbered as Section R9-6- 808, amended and readopted as an emergency effective August 8, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-3). Emergency expired.

Readopted without change as an emergency effective November 16, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired.

Adopted without change as a permanent rule effective May 22, 1989 (Supp. 89-2). Renumbered from R9-6-808

effective October 19, 1993 (Supp. 93-4). Former Section R9-6-408 renumbered to R9-6-409; new Section R9-6- 408 made by final rulemaking at 8 A.A.R. 1953, effective April 3, 2002 (Supp. 02-2). Section repealed; new Sec- tion made by final rulemaking at 13 A.A.R. 3329, effec- tive November 10, 2007 (Supp. 07-3).