II 109th CONGRESS 1st Session S. 1239 IN THE SENATE OF THE UNITED STATES June 14, 2005 Mr. McCain (for himself, Mr. Dorgan, and Mr. Baucus) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Health Care Improvement Act to permit the Indian Health Service, an Indian tribe, a tribal organization, or an urban Indian organization to pay the monthly part D premium of eligible medicare beneficiaries.

1.

Short title

This Act may be cited as the American Indian Elderly and Disabled Access to Health Care Act of 2005.

2.

Payment of medicare monthly part D premium

(a)

In general

Section 404 of the Indian Health Care Improvement Act (25 U.S.C. 1644) is amended by adding at the end the following new subsection: (d)

Payment of monthly part D premium under the medicare program

(1)

Payment of monthly part D premium

The Service, an Indian tribe, a tribal organization, or an urban Indian organization may use appropriated funds or funds collected pursuant to the authority granted in this title to pay the monthly beneficiary premium (as determined under section 1860D–13 of the Social Security Act (42 U.S.C. 1395w–113) of an eligible medicare beneficiary enrolled in a prescription drug plan or an MA–PD plan under part D of title XVIII of such Act (42 U.S.C. 1395w–101 et seq.). (2)

Considerations

In deciding whether to pay the premium of an eligible medicare beneficiary under paragraph (1), the Indian Health Service, Indian tribe, tribal organization, or urban Indian organization shall consider the cost effectiveness of paying such premium for such individual, taking into account— (A)the beneficiary’s expected drug utilization; and (B)other factors that the Service, Indian tribe, tribal organization, or urban Indian organization determines appropriate for the purpose of determining the cost effectiveness of paying such premium. (3)

Eligible beneficiary defined

The term eligible medicare beneficiary means an individual who— (A)is an Indian; (B)is a part D eligible individual (as defined in section 1860D–1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w–101(a)(3)(A))); and (C)is not a subsidy eligible individual who receives a full premium subsidy under 1860D–14(a)(1)(A) of such Act (42 U.S.C. 1395w–114(a)(1)(A)). . (b)

Effective date

The amendment made by this section shall apply to monthly beneficiary premium payments made with respect to months beginning on or after January 1, 2006.