[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 378

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 1999

Mr. Kennedy (for himself and Mr. Kerry) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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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