[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2413 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2413
To amend title XVIII of the Social Security Act to provide for the
automatic enrollment of medicaid beneficiaries for prescription drug
benefits under part D of such title, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2004
Mr. Bingaman (for himself, Mrs. Lincoln, Mr. Daschle, Mr. Lautenberg,
Ms. Stabenow, Mr. Kennedy, and Mrs. Clinton) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to provide for the
automatic enrollment of medicaid beneficiaries for prescription drug
benefits under part D of such title, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Assurance of Rx
Transitional Assistance Act of 2004''.
SEC. 2. AUTOMATIC ENROLLMENT OF MEDICAID BENEFICIARIES ELIGIBLE FOR
MEDICARE PRESCRIPTION DRUG BENEFITS.
(a) Automatic Enrollment of Beneficiaries Receiving Medical
Assistance for Medicare Cost-Sharing Under Medicaid.--Section 1860D-
14(a)(3)(B)(v) (42 U.S.C. 1395w-114(a)(3)(B)(v)) is amended to read as
follows:
``(v) Treatment of medicaid
beneficiaries.--Subject to subparagraph (F),
the Secretary shall provide that part D
eligible individuals who are--
``(I) full-benefit dual eligible
individuals (as defined in section
1935(c)(6)) or who are recipients of
supplemental security income benefits
under title XVI shall be treated as
subsidy eligible individuals described
in paragraph (1); and
``(II) not described in subclause
(I), but who are determined for
purposes of the State plan under title
XIX to be eligible for medical
assistance under clause (i), (iii), or
(iv) of section 1902(a)(10)(E), shall
be treated as being determined to be
subsidy eligible individuals described
in paragraph (1).''.
(b) Assurance of Transitional Assistance Under Drug Discount Card
Program.--
(1) In general.--Section 1860D-31(b)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-141(b)(2)(A)) is amended by
adding at the end the following new sentence: ``Subject to
subparagraph (B), each discount card eligible individual who is
described in section 1860D-14(a)(3)(B)(v) shall be considered
to be a transitional assistance eligible individual.''.
(2) Automatic enrollment of medicaid beneficiaries.--
Section 1860D-31(c)(1) of the Social Security Act (42 U.S.C.
1395w-141(c)(1)) is amended by adding at the end the following
new subparagraph:
``(F) Automatic enrollment of certain
beneficiaries.--
``(i) In general.--Subject to clause (ii),
the Secretary shall--
``(I) enroll each discount card
eligible individual who is described in
section 1860D-14(a)(3)(B)(v), but who
has not enrolled in an endorsed
discount card program as of August 15,
2004, in an endorsed discount card
program selected by the Secretary that
serves residents of the State in which
the individual resides; and
``(II) notwithstanding paragraphs
(2) and (3) of subsection (f),
automatically determine that such
individual is a transitional assistance
eligible individual (including whether
such individual is a special
transitional assistance eligible
individual) without requiring any self-
certification or subjecting such
individual to any verification under
such paragraphs.
``(ii) Opt-out.--The Secretary shall not
enroll an individual under clause (i) if the
individual notifies the Secretary that such
individual does not wish to be enrolled and be
determined to be a transitional assistance
eligible individual under such clause before
the individual is so enrolled.''.
(3) Notice of eligibility for transitional assistance.--
Section 1860D-31(d) of the Social Security Act (42 U.S.C.
1395w-141(d)) is amended by adding at the end the following new
paragraph:
``(4) Notice of eligibility to medicaid beneficiaries.--Not
later than July 15, 2004, each State or the Secretary (at the
option of each State) shall mail to each discount card eligible
individual who is described in section 1860D-14(a)(3)(B)(v),
but who has not enrolled in an endorsed discount card program
as of July 1, 2004, a notice stating that--
``(A) such individual is eligible to enroll in an
endorsed discount card program and to receive
transitional assistance under subsection (g);
``(B) if such individual does not enroll before
August 15, 2004, such individual will automatically be
enrolled in an endorsed discount card program selected
by the Secretary unless the individual notifies the
Secretary that such individual does not wish to be so
enrolled;
``(C) if the individual is enrolled in an endorsed
discount card program during 2004, the individual will
be permitted to change enrollment under subsection
(c)(1)(C)(ii) for 2005; and
``(D) there is no obligation to use the endorsed
discount card program or transitional assistance when
purchasing prescription drugs.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2071).
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