[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2409 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2409

To amend title XVIII of the Social Security Act to reduce cost-sharing 
   under part D of such title for certain non-institutionalized full-
                   benefit dual eligible individuals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2006

   Mr. Smith (for himself, Mr. Bingaman, Mrs. Clinton, Mr. Nelson of 
  Florida, and Mrs. Lincoln) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to reduce cost-sharing 
   under part D of such title for certain non-institutionalized full-
                   benefit dual eligible individuals.

    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 ``Home and Community Services 
Copayment Equity Act of 2006''.

SEC. 2. ELIMINATION OF PART D COST-SHARING FOR CERTAIN NON-
              INSTITUTIONALIZED FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS.

    (a) In General.--Section 1860D-14(a)(1)(D)(i) of the Social 
Security Act (42 U.S.C. 1395w-114(a)(1)(D)(i)) is amended--
            (1) in the heading, by striking ``Institutionalized 
        individuals.--In'' and inserting ``elimination of cost-sharing 
        for certain full-benefit dual eligible individuals.--
                                    ``(I) Institutionalized 
                                individuals.--In''; and
            (2) by adding at the end the following new subclauses:
                                    ``(II) Certain other individuals.--
                                In the case of an individual who is a 
                                full-benefit dual eligible individual 
                                and who is a resident of a facility 
                                described in subclause (III) or who is 
                                receiving home and community-based 
                                services in a home setting provided 
                                under a home and community-based waiver 
                                approved for the State under section 
                                1915 or 1115, the elimination of any 
                                beneficiary coinsurance described in 
                                section 1860D-2(b)(2) (for all amounts 
                                through the total amount of 
                                expenditures at which benefits are 
                                available under section 1860D-2(b)(4)).
                                    ``(III) Facility described.--For 
                                purposes of subclause (II), a facility 
                                described in this subclause is an 
                                assisted living facility or a resident 
                                care program facility (as such terms 
                                are defined by the Secretary), a board 
                                and care facility (as defined in 
                                section 1903(q)(4)(B)), or any other 
                                licenced facility determined 
                                appropriate by the Secretary, including 
                                a psychiatric health facility, a mental 
                                health rehabilitation center, and a 
                                mental retardation developmental 
                                disability facility.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to drugs dispensed on or after the date of enactment of this Act.
                                 <all>