S.Amdt. 3102

SA 3102. Mr. DURBIN (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 2786 proposed by Mr.
Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, to amend the Internal Revenue Code of 1986 to modify the
first-time homebuyers credit in the case of members of the Armed Forces
and certain other Federal employees, and for other purposes; which was
ordered to lie on the table; as follows:

On page 816, after line 20, insert the following:

SEC. 3115. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE
DRUGS FOR KIDNEY TRANSPLANT PATIENTS AND OTHER
RENAL DIALYSIS PROVISIONS.

(a) Provision of Appropriate Coverage of Immunosuppressive
Drugs Under the Medicare Program for Kidney Transplant
Recipients.--
(1) Continued entitlement to immunosuppressive drugs.--
(A) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ``(except for coverage of immunosuppressive drugs
under section 1861(s)(2)(J))'' before ``, with the thirty-
sixth month''.
(B) Application.--Section 1836 of such Act (42 U.S.C.
1395o) is amended--
(i) by striking ``Every individual who'' and inserting
``(a) In General.--Every individual who''; and
(ii) by adding at the end the following new subsection:
``(b) Special Rules Applicable to Individuals Only Eligible
for Coverage of Immunosuppressive Drugs.--
``(1) In general.--In the case of an individual whose
eligibility for benefits under this title has ended on or
after January 1, 2012, except for the coverage of
immunosuppressive drugs by reason of section 226A(b)(2), the
following rules shall apply:
``(A) The individual shall be deemed to be enrolled under
this part for purposes of receiving coverage of such drugs.
``(B) The individual shall be responsible for providing for
payment of the portion of the

[[Page S12828]]

premium under section 1839 which is not covered under the
Medicare savings program (as defined in section 1144(c)(7))
in order to receive such coverage.
``(C) The provision of such drugs shall be subject to the
application of--
``(i) the deductible under section 1833(b); and
``(ii) the coinsurance amount applicable for such drugs (as
determined under this part).
``(D) If the individual is an inpatient of a hospital or
other entity, the individual is entitled to receive coverage
of such drugs under this part.
``(2) Establishment of procedures in order to implement
coverage.--The Secretary shall establish procedures for--
``(A) identifying individuals that are entitled to coverage
of immunosuppressive drugs by reason of section 226A(b)(2);
and
``(B) distinguishing such individuals from individuals that
are enrolled under this part for the complete package of
benefits under this part.''.
(C) Technical amendment to correct duplicate subsection
designation.--Subsection (c) of section 226A of such Act (42
U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the
Social Security Independence and Program Improvements Act of
1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as
subsection (d).
(2) Extension of secondary payer requirements for esrd
beneficiaries.--Section 1862(b)(1)(C) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the
end the following new sentence: ``With regard to
immunosuppressive drugs furnished on or after the date of the
enactment of the Patient Protection and Affordable Care Act,
this subparagraph shall be applied without regard to any time
limitation.''.
(b) Medicare Coverage for ESRD Patients.--Section 1881 of
the Social Security Act is amended--
(1) in subsection (b)(14)(B)(iii), by inserting ``,
including oral drugs that are not the oral equivalent of an
intravenous drug (such as oral phosphate binders and
calcimimetics),'' after ``other drugs and biologicals'';
(2) in subsection (b)(14)(E)(ii)--
(A) in the first sentence--
(i) by striking ``a one-time election to be excluded from
the phase-in'' and inserting ``an election, with respect to
2011, 2012, or 2013, to be excluded from the phase-in (or the
remainder of the phase-in)''; and
(ii) by adding before the period at the end the following:
``for such year and for each subsequent year during the
phase-in described in clause (i)''; and
(B) in the second sentence--
(i) by striking ``January 1, 2011'' and inserting ``the
first date of such year''; and
(ii) by inserting ``and at a time'' after ``form and
manner''; and
(3) in subsection (h)(4)(E), by striking ``lesser'' and
inserting ``greater''.
______