A person is a qualified recipient and may receive a donated drug from a pharmacy under subsection 2, paragraph E if the person has a family income equal to or less than 350% of the federal poverty level, the person’s family incurs unreimbursed expenses for drugs that equal 5% or more of family income or the person’s total unreimbursed medical expenses equal 15% or more of family income. For purposes of this subsection, “federal poverty level” means that measure defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code, Section 9902(2).