[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 549 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 549

 To provide for the non-preemption of State prescription drug benefit 
             laws in connection with Medicare+Choice plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1999

 Mr. Markey (for himself, Mr. Neal of Massachusetts, Mr. Moakley, Mr. 
   Frank of Massachusetts, Mr. Olver, Mr. Meehan, Mr. McGovern, Mr. 
Tierney, Mr. Delahunt, and Mr. Capuano) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
     to the Committee on Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the non-preemption of State prescription drug benefit 
             laws in connection with Medicare+Choice plans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NON-PREEMPTION OF STATE PRESCRIPTION DRUG COVERAGE MANDATES 
              IN CASE OF APPROVED STATE MEDIGAP WAIVERS.

    (a) In General.--Section 1856(b)(3) of the Social Security Act (42 
U.S.C. 1395w-26(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``The standards'' and 
        inserting ``Subject to subparagraph (C), the standards'', and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Continuation of state prescription drug 
                laws.--Subparagraph (A) shall not supersede any State 
                law that requires the comprehensive coverage of 
                prescription drugs or any regulation that carries out 
                such a law, if--
                            ``(i) the State has a waiver in effect 
                        under section 1882(p)(6)(A) with respect to 
                        requiring such coverage under medicare 
                        supplemental policies; or
                            ``(ii) the Secretary provides for a waiver 
                        for the State to impose such a requirement 
                        under section 1882(p)(6)(B).''.
    (b) Medigap Waiver.--Section 1882(p)(6) of such Act (42 U.S.C. 
1395ss(p)(6)) is amended--
            (1) by inserting ``(A)'' after ``(6)'', and
            (2) by adding at the end the following new subparagraph:
    ``(B) The Secretary also may waive the application of the standards 
described in paragraph (1)(A)(i) for a State to include comprehensive 
prescription drug coverage among the benefits required for all medicare 
supplemental policies.''.
    (c) Effective Date.--The amendments made by this section take 
effect on the date of the enactment of this Act.
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