[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4721 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4721

   To require the Secretary of Health and Human Services to provide 
   Federal Medicaid funding for State costs associated with ensuring 
  access to prescription drug benefits to part D eligible individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2006

  Mr. Emanuel (for himself and Ms. DeLauro) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Health and Human Services to provide 
   Federal Medicaid funding for State costs associated with ensuring 
  access to prescription drug benefits to part D eligible individuals.

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

SECTION 1. FEDERAL MEDICAID FUNDING FOR STATE COSTS INCURRED TO ENSURE 
              PRESCRIPTION DRUG ACCESS.

    (a) Reimbursement of Costs.--Notwithstanding section 1935(d)(1) of 
the Social Security Act (42 U.S.C. 1396u-5(d)(1)), the Secretary of 
Health and Human Services shall make available to a State under section 
1903(a) of such Act (42 U.S.C. 1396b(a)) Federal financial 
participation with respect to costs, including administrative costs, 
incurred by such State (as reported by the State) on or after January 
1, 2006--
            (1) for medical assistance for covered part D drugs for 
        full-benefit dual eligible individuals who are enrolled under a 
        prescription drug plan under part D of title XVIII of such Act 
        (or an MA-PD plan under part C of such title) but who were not 
        reasonably able to access on a timely basis prescription drug 
        benefits to which they were entitled under such part; and
            (2) which the State reasonably expected would have been 
        covered under such part.
    (b) Recovery of Reimbursement Amounts From Plans.--The Secretary of 
Health and Human Services shall provide for the recovery of the amount 
of Federal financial participation made available to States under 
subsection (a) from prescription drug plans under part D of title XVIII 
of the Social Security Act (and MA-PD plans under part C of such title) 
if the Secretary determines that such plans should have incurred such 
costs. Amounts recovered pursuant to the preceeding sentence shall be 
treated in the same manner as the recovery of third party liability 
under section 1902(a)(25) of the Social Security Act (42 U.S.C. 
1396a(a)(25)).
    (c) Definitions.--For purposes of this section:
            (1) Covered part d drug.--The term ``covered part D drug'' 
        has the meaning given such term in section 1860D-2(e) of the 
        Social Security Act (42 U.S.C. 1395w-102(e)).
            (2) Full-benefit dual eligible individual.--The term 
        ``full-benefit dual eligible individual'' has the meaning given 
        such term in section 1935(c)(6) of the Social Security Act (42 
        U.S.C. 1396u-5(c)(6)).
            (3) State.--The term ``State'' means each of the 50 States 
        and the District of Columbia.
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