[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1407 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1407
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 10, 2009
Mr. Doggett (for himself, Mr. Lincoln Diaz-Balart of Florida, Mr.
Arcuri, Mr. Boswell, Mr. Kennedy, Mr. Langevin, Ms. McCollum, Mr.
Snyder, and Mr. Souder) 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 2009''.
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.
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