[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 764 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 764

    To amend title XVIII of the Social Security Act to improve the 
    coordination of prescription drug coverage provided under State 
 pharmaceutical assistance programs with the prescription drug benefit 
      provided under the medicare program, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2005

 Mr. Corzine (for himself and Mr. Lautenberg) 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 improve the 
    coordination of prescription drug coverage provided under State 
 pharmaceutical assistance programs with the prescription drug benefit 
      provided under the medicare program, 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 ``Preserving Access to Affordable 
Drugs Act of 2005''.

SEC. 2. STATE AS AUTHORIZED REPRESENTATIVE.

    (a) In General.--Section 1860D-1(b)(1) of the Social Security Act 
(42 U.S.C. 1395w-101(b)(1)) is amended by adding at the end the 
following new subparagraph:
                    ``(D) State as authorized representative.--A State 
                Pharmaceutical Assistance Program (as defined in 
                section 1860D-23(b)) may, at the option of the State 
                operating the Program, act as the authorized 
                representative for any part D eligible individual 
                residing in the State who is enrolled in the Program or 
                described in section 1935(c)(6)(A)(ii) in order to 
                select one or more preferred prescription drug plans to 
                enroll such an individual, so long as the individual is 
                afforded the authority to decline such enrollment. A 
                Program that acts as an authorized representative for 
                an individual pursuant to the preceding sentence shall 
                not be considered to have violated section 1860D-
                23(b)(2) solely because of the enrollment of such 
                individual in a preferred prescription drug plan.''.
    (b) Conforming Amendment to Anti-Discrimination Provision.--Section 
1860D-23(b)(2) of the Social Security Act (42 U.S.C. 1395w-133(b)(2)) 
is amended by inserting ``subject to 1860D-1(b)(1)(D),'' after 
``which,''.

SEC. 3. FACILITATION OF COORDINATION.

    Section 1860D-24(c)(1) of the Social Security Act (42 U.S.C. 1395w-
134(c)(1)) is amended by striking ``all methods of operation'' and 
inserting ``its own methods of operation, except that a PDP sponsor or 
MA organization may not require a State Pharmaceutical Assistance 
Program or an RX plan described in subsection (b) to apply such tools 
when coordinating benefits''.

SEC. 4. ALLOWING MEDICAID WRAP.

    Section 1935 of the Social Security Act (42 U.S.C. 1396u-5) is 
amended by striking subsection (d).

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as if included in 
the enactment of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066).
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