[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3956 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3956

    To provide for a drug discount program for individuals without 
                      prescription drug coverage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2005

Mr. Kuhl of New York introduced the following bill; which was referred 
    to the Committee on Energy and Commerce, and in addition to the 
Committee on Ways and Means, 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 a drug discount program for individuals without 
                      prescription drug coverage.

    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 ``Savings for the Uninsured on Rx 
Expenses (SURE) Act of 2005''.

SEC. 2. DRUG DISCOUNT CARD PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary of Health and Human Services 
        shall establish a program under this section to endorse 
        prescription drug discount card programs that meet the 
        requirements of this section in order to provide access to 
        prescription drug discounts through prescription drug card 
        sponsors for eligible individuals throughout the United States. 
        The program is modeled on the medicare prescription drug 
        discount card program under section 1860D-31 of the Social 
        Security Act, but without any transitional assistance program 
        as described in subsection (g) of such section.
            (2) Deadline.--The Secretary shall implement the program 
        under this section so that discount cards are first available 
        by not later than 6 months after the date of the enactment of 
        this Act.
            (3) Voluntary nature of program.--Nothing in this section 
        shall be construed as requiring an eligible individual to 
        enroll in an endorsed discount card program under this section.
            (4) Administration.--The Secretary shall provide for the 
        establishment and administration of the program under this 
        section through an office in the Department of Health and Human 
        Services that is separate from the Centers for Medicare & 
        Medicaid Services. The Secretary may promulgate regulations to 
        carry out this section.
    (b) Definitions.--
            (1) Eligible individual.--For purposes of this section, the 
        term ``eligible individual'' means any individual who--
                    (A) is a citizen or national of the United States 
                or is an alien lawfully admitted to the United States 
                for permanent residence or otherwise permanently 
                residing in the United States under color of law;
                    (B) is not eligible for outpatient prescription 
                drug coverage; and
                    (C) is not eligible to enroll for prescription drug 
                coverage under part D of title XVIII of the Social 
                Security Act.
            (2) Outpatient prescription drug coverage.--For purposes of 
        paragraph (1)(B), the term ``outpatient prescription drug 
        coverage'' means coverage of prescription drugs on an 
        outpatient basis under health insurance, a group health plan, 
        or other form of health benefits coverage (such as under the 
        Federal employees health benefits program, under the medicaid 
        program or the State children's health insurance program 
        (SCHIP), under a program of the Indian Health Service (IHS), 
        under a program of the Department of Veterans Affairs or the 
        Department of Defense). Such term does not include coverage 
        under a high deductible plan or benefits under a health savings 
        account or flexible spending account.
            (3) Covered discount card drug.--For purposes of this 
        section, the term ``covered discount card drug'' means at least 
        those drugs that are covered part D drugs under section 1860D-
        2(e) of the Social Security Act.
    (c) Enrollment and Enrollment Fees.--The provisions of subsection 
(c) of section 1860D-31 of the Social Security Act shall apply under 
this section in the same manner as they apply under such section, 
except that--
            (1) the enrollment forms shall be such enrollment forms as 
        may be established for purposes of carrying out this section;
            (2) notwithstanding paragraph (1)(C)(ii) of such 
        subsection, there shall be an annual open enrollment process 
        for eligible individuals;
            (3) notwithstanding paragraph (2) of such subsection, the 
        annual enrollment fee shall not be prorated for any year and 
        shall continue for each year in which the program is in 
        operation under this section;
            (4) there shall be no special provisions for transitional 
        assistance for eligible individuals; and
            (5) the limitation on enrollment before January 1, 2006, 
        under paragraph (1)(A)(ii) of such subsection shall not apply.
    (d) Provision of Information on Enrollment.--The provisions of 
subsection (d) of such section shall apply under this section in the 
same manner as they apply under such section, except that--
            (1) the information disseminated shall include information 
        concerning the use of health savings accounts to cover the 
        costs of prescription drugs for which discounts are provided 
        under this section;
            (2) there shall be a toll-free number, other than the 
        medicare toll-free number, used to carry out paragraph (1)(D) 
        of such subsection;
            (3) any special provisions relating to transitional 
        assistance for eligible individuals shall not apply; and
            (4) the information disseminated does not need to include 
        information on medicare options.
    (e) Discount Card and Eligibility Features; Qualification of 
Sponsors; Endorsement of Programs; Disclosure and Oversight.--
            (1) Application of certain provisions.--The provisions of 
        subsections (e) (other than paragraph (1)(D)), (f), (h) (other 
        than paragraph (9)), and (i) of such section shall apply under 
        this section in the same manner as they apply under such 
        section, except that no provision relating to transitional 
        assistance for eligible individuals shall apply.
            (2) Requirement for marketing plans.-- The Secretary shall 
        require that sponsors of prescription drug discount card 
        programs demonstrate that they have a marketing plan to reach 
        out effectively to eligible individuals.
            (3) Additional information.--In addition to the use of 
        information described in subsection (f)(3)(B) of such section 
        for verification of eligibility, the Secretary shall also use--
                    (A) information on medicare eligibility; and
                    (B) eligibility information made available to the 
                Secretary under arrangements between the Secretary and 
                the Secretaries of Veterans Affairs and Defense in 
                connection with programs of the Departments of Veterans 
                Affairs and Defense.
    (f) Miscellaneous Provisions.--There shall be no judicial review of 
a determination not to endorse a prescription drug discount card 
program or not to enter into a contract with a prescription drug card 
sponsor under this section.
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