[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 534

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 5, 2009

  Mr. Nelson of Florida (for himself, Ms. Collins, and Mr. Bingaman) 
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 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--
                                            ``(aa) an assisted living 
                                        facility or a resident care 
                                        program facility (as such terms 
                                        are defined by the Secretary);
                                            ``(bb) a board and care 
                                        facility (as defined in section 
                                        1903(q)(4)(B)); or
                                            ``(cc) any other facility 
                                        that is licensed or certified 
                                        by the State 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 enactment of this Act.
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