[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1778 Referred in House (RFH)]


109th CONGRESS
  1st Session
                                S. 1778


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2005

 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

_______________________________________________________________________

                                 AN ACT


 
  To extend medicare cost-sharing for qualifying individuals through 
 September 2006, to extend the Temporary Assistance for Needy Families 
 Program, transitional medical assistance under the Medicaid Program, 
  and related programs through March 31, 2006, and for other purposes.

    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 ``Medicare Cost-Sharing and Welfare 
Extension Act of 2005''.

SEC. 2. EXTENSION OF QI PROGRAM THROUGH SEPTEMBER 2006.

    (a) In General.--Section 1902(a)(10)(E)(iv) of the Social Security 
Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking ``September 
2005'' and inserting ``September 2006''.
    (b) Total Amount Available for Allocation.--Section 1933(g)(2) of 
such Act (42 U.S.C. 1396u-3(g)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) for the period that begins on October 1, 
                2005, and ends on December 31, 2005, the total 
                allocation amount is $100,000,000; and
                    ``(E) for the period that begins on January 1, 
                2006, and ends on September 30, 2006, the total 
                allocation amount is $300,000,000.''.

SEC. 3. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 
              GRANT PROGRAM, TRANSITIONAL MEDICAL ASSISTANCE, AND 
              RELATED PROGRAMS THROUGH MARCH 31, 2006.

    (a) In General.--Activities authorized by part A of title IV of the 
Social Security Act, and by sections 510, 1108(b), and 1925 of such 
Act, shall continue through March 31, 2006, in the manner authorized 
for fiscal year 2005, notwithstanding section 1902(e)(1)(A) of such 
Act, and out of any money in the Treasury of the United States not 
otherwise appropriated, there are hereby appropriated such sums as may 
be necessary for such purpose. Grants and payments may be made pursuant 
to this authority through the second quarter of fiscal year 2006 at the 
level provided for such activities through the second quarter of fiscal 
year 2005.
    (b) Conforming Amendment.--Section 403(a)(3)(H)(ii) of the Social 
Security Act (42 U.S.C. 603(a)(3)(H)(ii)), as amended by section 
2(b)(2)(A) of the TANF Emergency Response and Recovery Act of 2005 
(Public Law 109-68), is amended by striking ``December 31, 2005'' and 
inserting ``March 31, 2006''.
    (c) Extension of the National Random Sample Study of Child Welfare 
and Child Welfare Waiver Authority Through March 31, 2006.--Activities 
authorized by sections 429A and 1130(a) of the Social Security Act 
shall continue through March 31, 2006, in the manner authorized for 
fiscal year 2005, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose. Grants and payments may be 
made pursuant to this authority through the second quarter of fiscal 
year 2006 at the level provided for such activities through the second 
quarter of fiscal year 2005.

SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE MEDICAID AND MEDICARE 
              PROGRAMS.

    (a) Exclusion Under Medicare Beginning in 2007.--Section 1860D-
2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is 
amended by inserting ``and, only with respect to 2006, other than 
subparagraph (K) (relating to agents when used to treat sexual or 
erectile dysfunction, unless such agents are used to treat a condition, 
other than sexual or erectile dysfunction, for which the agent has been 
approved by the Food and Drug Administration)'' after ``agents)''.
    (b) Restriction Under Medicaid.--
            (1) In general.--Section 1927(d)(2) of the Social Security 
        Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding at the end 
        the following new subparagraph:
                    ``(K) Agents when used to treat sexual or erectile 
                dysfunction, except that such exclusion or other 
                restriction shall not apply in the case of such agents 
                when used to treat a condition, other than sexual or 
                erectile dysfunction, for which the agent has been 
                approved by the Food and Drug Administration.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to drugs dispensed on or after the date that is 60 
        days after the date of enactment of this Act.
    (c) Clarification of No Effect on Determination of Base 
Expenditures.--Section 1935(c)(3)(B)(ii)(II) of the Social Security Act 
(42 U.S.C. 1396v(c)(3)(B)(ii)(II)) is amended by inserting ``, 
including drugs described in subparagraph (K) of section 1927(d)(2)'' 
after ``1860D-2(e)''.

            Passed the Senate September 29, 2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.