[Congressional Record Volume 151, Number 124 (Thursday, September 29, 2005)]
[Senate]
[Page S10696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        MEDICARE COST-SHARING AND WELFARE EXTENSION ACT OF 2005

  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
Committee on Finance be discharged from further consideration of S. 
1778 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER (Mr. Chafee). Without objection, it is so 
ordered. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1778) to extend Medicare cost-sharing for 
     qualifying individuals through September 2006, to extend the 
     Temporary Assistance for Needy Families Program, transitional 
     medical assistance under the Medicaid Program, and related 
     programs through March 31, 2006, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. STEVENS. I ask unanimous consent that the Grassley amendment at 
the desk be agreed to; the bill, as amended, be read a third time and 
passed; the motion to reconsider be laid on the table, and any 
statements relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1894) was agreed to, as follows:

    (Purpose: To eliminate coverage under the Medicare and Medicaid 
  programs for drugs when used for treatment of erectile dysfunction)

       At the end, add the following:

     SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE MEDICAID AND 
                   MEDICARE PROGRAMS.

       (a) Exclusion Under Medicare Beginning in 2007.--Section 
     1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
     102(e)(2)(A)) is amended by inserting ``and, only with 
     respect to 2006, other than subparagraph (K) (relating to 
     agents when used to treat sexual or erectile dysfunction, 
     unless such agents are used to treat a condition, other than 
     sexual or erectile dysfunction, for which the agent has been 
     approved by the Food and Drug Administration)'' after 
     ``agents)''.
       (b) Restriction Under Medicaid.--
       (1) In general.--Section 1927(d)(2) of the Social Security 
     Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(K) Agents when used to treat sexual or erectile 
     dysfunction, except that such exclusion or other restriction 
     shall not apply in the case of such agents when used to treat 
     a condition, other than sexual or erectile dysfunction, for 
     which the agent has been approved by the Food and Drug 
     Administration.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to drugs dispensed on or after the date that is 
     60 days after the date of enactment of this Act.
       (c) Clarification of No Effect on Determination of Base 
     Expenditures.--Section 1935(c)(3)(B)(ii)(II) of the Social 
     Security Act (42 U.S.C. 1396v(c)(3)(B)(ii)(II)) is amended by 
     inserting ``, including drugs described in subparagraph (K) 
     of section 1927(d)(2)'' after ``1860D-2(e)''.

  The bill (S. 1778), as amended, was read the third time and passed, 
as follows:

                                S. 1778

       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 Cost-Sharing and 
     Welfare Extension Act of 2005''.

     SEC. 2. EXTENSION OF QI PROGRAM THROUGH SEPTEMBER 2006.

       (a) In General.--Section 1902(a)(10)(E)(iv) of the Social 
     Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by 
     striking ``September 2005'' and inserting ``September 2006''.
       (b) Total Amount Available for Allocation.--Section 
     1933(g)(2) of such Act (42 U.S.C. 1396u-3(g)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraphs:
       ``(D) for the period that begins on October 1, 2005, and 
     ends on December 31, 2005, the total allocation amount is 
     $100,000,000; and
       ``(E) for the period that begins on January 1, 2006, and 
     ends on September 30, 2006, the total allocation amount is 
     $300,000,000.''.

     SEC. 3. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY 
                   FAMILIES BLOCK GRANT PROGRAM, TRANSITIONAL 
                   MEDICAL ASSISTANCE, AND RELATED PROGRAMS 
                   THROUGH MARCH 31, 2006.

       (a) In General.--Activities authorized by part A of title 
     IV of the Social Security Act, and by sections 510, 1108(b), 
     and 1925 of such Act, shall continue through March 31, 2006, 
     in the manner authorized for fiscal year 2005, 
     notwithstanding section 1902(e)(1)(A) of such Act, and out of 
     any money in the Treasury of the United States not otherwise 
     appropriated, there are hereby appropriated such sums as may 
     be necessary for such purpose. Grants and payments may be 
     made pursuant to this authority through the second quarter of 
     fiscal year 2006 at the level provided for such activities 
     through the second quarter of fiscal year 2005.
       (b) Conforming Amendment.--Section 403(a)(3)(H)(ii) of the 
     Social Security Act (42 U.S.C. 603(a)(3)(H)(ii)), as amended 
     by section 2(b)(2)(A) of the TANF Emergency Response and 
     Recovery Act of 2005 (Public Law 109-68), is amended by 
     striking ``December 31, 2005'' and inserting ``March 31, 
     2006''.
       (c) Extension of the National Random Sample Study of Child 
     Welfare and Child Welfare Waiver Authority Through March 31, 
     2006.--Activities authorized by sections 429A and 1130(a) of 
     the Social Security Act shall continue through March 31, 
     2006, in the manner authorized for fiscal year 2005, and out 
     of any money in the Treasury of the United States not 
     otherwise appropriated, there are hereby appropriated such 
     sums as may be necessary for such purpose. Grants and 
     payments may be made pursuant to this authority through the 
     second quarter of fiscal year 2006 at the level provided for 
     such activities through the second quarter of fiscal year 
     2005.

     SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE MEDICAID AND 
                   MEDICARE PROGRAMS.

       (a) Exclusion Under Medicare Beginning in 2007.--Section 
     1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
     102(e)(2)(A)) is amended by inserting ``and, only with 
     respect to 2006, other than subparagraph (K) (relating to 
     agents when used to treat sexual or erectile dysfunction, 
     unless such agents are used to treat a condition, other than 
     sexual or erectile dysfunction, for which the agent has been 
     approved by the Food and Drug Administration)'' after 
     ``agents)''.
       (b) Restriction Under Medicaid.--
       (1) In general.--Section 1927(d)(2) of the Social Security 
     Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(K) Agents when used to treat sexual or erectile 
     dysfunction, except that such exclusion or other restriction 
     shall not apply in the case of such agents when used to treat 
     a condition, other than sexual or erectile dysfunction, for 
     which the agent has been approved by the Food and Drug 
     Administration.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to drugs dispensed on or after the date that is 
     60 days after the date of enactment of this Act.
       (c) Clarification of No Effect on Determination of Base 
     Expenditures.--Section 1935(c)(3)(B)(ii)(II) of the Social 
     Security Act (42 U.S.C. 1396v(c)(3)(B)(ii)(II)) is amended by 
     inserting ``, including drugs described in subparagraph (K) 
     of section 1927(d)(2)'' after ``1860D-2(e)''.

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