[Congressional Record Volume 151, Number 78 (Tuesday, June 14, 2005)]
[Senate]
[Page S6488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. McCAIN (for himself, Mr. Dorgan, and Mr. Baucus):
  S. 1239. A bill to amend the Indian Health Care Improvement Act to 
permit the Indian Health Service, an Indian tribe, a tribal 
organization, or an urban Indian organization to pay the monthly part D 
premium of eligible medicare beneficiaries; to the Committee on Indian 
Affairs.
  Mr. McCAIN. Mr. President, today I introduce the American Indian 
Elderly and Disabled Access to Health Care Act of 2005 to revise the 
Indian Health Care Improvement Act.
  The legislation I introduce today will amend the Indian Health Care 
Improvement Act to permit the Indian Health Service, an Indian tribe, 
tribal or Urban Indian organization to use their funding to pay the 
Medicare Part D premiums of eligible Indian beneficiaries. These 
premium payments are for the American Indians and Alaska Natives 
enrolled in the prescription drug plans under part D of title XVIll of 
the Social Security Act. Currently, these funds can be used for paying 
Medicare Parts A and B premiums but not Part D, and this legislation 
will enable eligible Indian beneficiaries to enroll and participate in 
the Part D program when it begins in January, 2006.
  Mr. President, this legislation will increase the ability of the 
elderly and disabled American Indians and Alaska Natives to access the 
prescription drug benefits available under Medicare Part D and assist 
the Indian Health Service in achieving potentially significant cost 
savings. I urge my colleagues to join me in improving access to health 
care for American Indians and Alaska Natives.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1239

       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 ``American Indian Elderly and 
     Disabled Access to Health Care Act of 2005''.

     SEC. 2. PAYMENT OF MEDICARE MONTHLY PART D PREMIUM.

       (a) In General.--Section 404 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1644) is amended by adding at the 
     end the following new subsection:
       ``(d) Payment of Monthly Part D Premium Under the Medicare 
     Program.--
       ``(1) Payment of monthly part d premium.--The Service, an 
     Indian tribe, a tribal organization, or an urban Indian 
     organization may use appropriated funds or funds collected 
     pursuant to the authority granted in this title to pay the 
     monthly beneficiary premium (as determined under section 
     1860D-13 of the Social Security Act (42 U.S.C. 1395w-113) of 
     an eligible medicare beneficiary enrolled in a prescription 
     drug plan or an MA-PD plan under part D of title XVIII of 
     such Act (42 U.S.C. 1395w-101 et seq.).
       ``(2) Considerations.--In deciding whether to pay the 
     premium of an eligible medicare beneficiary under paragraph 
     (1), the Indian Health Service, Indian tribe, tribal 
     organization, or urban Indian organization shall consider the 
     cost effectiveness of paying such premium for such 
     individual, taking into account--
       ``(A) the beneficiary's expected drug utilization; and
       ``(B) other factors that the Service, Indian tribe, tribal 
     organization, or urban Indian organization determines 
     appropriate for the purpose of determining the cost 
     effectiveness of paying such premium.
       ``(3) Eligible beneficiary defined.--The term `eligible 
     medicare beneficiary' means an individual who--
       ``(A) is an Indian;
       ``(B) is a part D eligible individual (as defined in 
     section 1860D-1(a)(3)(A) of the Social Security Act (42 
     U.S.C. 1395w-101(a)(3)(A))); and
       ``(C) is not a subsidy eligible individual who receives a 
     full premium subsidy under 1860D-14(a)(1)(A) of such Act (42 
     U.S.C. 1395w-114(a)(1)(A)).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to monthly beneficiary premium payments made with 
     respect to months beginning on or after January 1, 2006.
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