To provide a 6-month transition period for coverage of prescription drugs under Medicaid for individuals whose drug coverage is to be moved to the Medicare prescription drug program.

SA 2372. Mrs. MURRAY (for herself, Mr. Rockefeller, Mr. Bingaman, Mr.
Kennedy, Mrs. Clinton, Mr. Lautenberg, and Mr. Kohl) proposed an
amendment to the bill S. 1932, to provide for reconciliation pursuant
to section 202(a) of the concurrent resolution on the budget for fiscal
year 2006 (H. Con. Res. 95); as follows:

On page 188, after line 24, add the following:

SEC. 6037. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION
DRUG COVERAGE TO MEDICARE DUAL ELIGIBLE
BENEFICIARIES FOR 6 MONTHS.

(a) Six-Month Transition.--
(1) In general.--Only with respect to prescriptions filled
during the period beginning on January 1, 2006, and ending on
June 30, 2006, for, or on behalf of an individual described
in paragraph (2), section 1935(d) of the Social Security Act
(42 U.S.C. 1396u-5(d)) shall not apply and, notwithstanding
any other provision of law, a State (as defined for purposes
of title XIX of such Act) shall continue to provide (and
receive Federal financial participation for) medical
assistance under such title with respect to prescription
drugs as if such section 1935(d) had not been enacted.
(2) Individual described.--For purposes of paragraph (1),
an individual described in this paragraph is a full-benefit
dual eligible individual (as defined in section 1935(c)(6) of
such Act (42 U.S.C. 1396u-5(c)(6))--
(A) who, as of January 1, 2006, is not enrolled in a
prescription drug plan or an MA-PD plan under part D of title
XVIII of the Social Security Act; or
(B) whose access to prescription drugs that were covered
under a State Medicaid plan on December 31, 2005, is
restricted or unduly burdened as a result of the individual's
enrollment in a prescription drug plan or an MA-PD plan under
part D of title XVIII of such Act.
(b) Application.--
(1) Medicare as primary payer.--Nothing in subsection (a)
shall be construed as changing or affecting the primary payer
status of a prescription drug plan or an MA-PD plan under
part D of title XVIII of the Social Security Act with respect
to prescription drugs furnished to any full-benefit dual
eligible individual (as defined in section 1935(c)(6) of such
Act (42 U.S.C. 1396u-5(c)(6)) during the 6-month period
described in such subsection.
(2) Third party liability.--Nothing in subsection (a) shall
be construed as limiting the authority or responsibility of a
State under section 1902(a)(25) of the Social Security Act
(42 U.S.C. 1396a(a)(25)) to seek reimbursement from a
prescription drug plan, an MA-PD plan, or any other third
party, of the costs incurred by the State in providing
prescription drug coverage described in such subsection.
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