[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5604 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5604

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 HOUSE OF REPRESENTATIVES

                             March 13, 2008

   Mr. Doggett (for himself, Mr. Lincoln Diaz-Balart of Florida, Mr. 
 Ramstad, Mr. Allen, Mrs. Capito, Mr. Cohen, Mr. Mario Diaz-Balart of 
Florida, Mr. Al Green of Texas, Mr. Holden, Mr. Kennedy, Mrs. McCarthy 
   of New York, Ms. McCollum of Minnesota, Ms. Matsui, Mr. Moran of 
  Virginia, Mr. Platts, Ms. Ros-Lehtinen, and Ms. Linda T. Sanchez of 
 California) introduced the following bill; which was 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

_______________________________________________________________________

                                 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 ``Medicare Part D Home and Community 
Services Copayment Equity Act of 2008''.

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 
                                facility that is licensed or certified 
                                by the State involved and is determined 
                                appropriate by the Secretary, such as a 
                                community mental health center that 
                                meets the requirements of section 
                                1913(c) of the Public Health Service 
                                Act, 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 the enactment of this 
Act.
                                 <all>