[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4781 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4781
To amend titles XVIII and XIX of the Social Security Act to provide for
equitable treatment of residents of territories with respect to
transitional assistance and low-income subsidies under the Medicare
prescription drug benefit program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 8, 2004
Ms. Bordallo (for herself, Mrs. Christensen, Mr. Faleomavaega, and Mr.
Acevedo-Vila) 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 titles XVIII and XIX of the Social Security Act to provide for
equitable treatment of residents of territories with respect to
transitional assistance and low-income subsidies under the Medicare
prescription drug benefit program.
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 ``MMA Territorial Equity for Low-
Income Individuals Act of 2004''.
SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES UNDER MEDICARE
PRESCRIPTION DRUG TRANSITIONAL ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(2)(A) of section 1860D-31 of the
Social Security Act (42 U.S.C. 1395w-141) is amended by inserting after
``or the District of Columbia'' the following: ``or in Puerto Rico, the
Virgin Islands, Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands''.
(b) Conforming Change in Availability of Funds.--Subsection (j)(2)
of such section is amended--
(1) by striking ``for the entire period of the operation of
this section'' and inserting ``for 2004''; and
(2) by striking subparagraph (D).
(c) Additional Conforming Amendments.--(1) Subsection (b) of such
section is amended--
(A) by adding at the end of paragraph (2)(A) the following:
``The poverty line to be applied under this subparagraph to an
individual residing in a territory shall be the same as the
poverty line applicable to individuals residing in the
continental United States.''; and
(B) by adding at the end of paragraph (3) the following:
``The poverty line to be applied under this paragraph to an
individual residing in a territory shall be the same as the
poverty line applicable to individuals residing in the
continental United States.''.
(2) Subsection (f)(3)(C)(ii) of such section is amended by striking
``that is one of the 50 States or the District of Columbia''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2005.
SEC. 3. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND
COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG
PROGRAM.
(a) In General.--Section 1860D-14(a)(3) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)) is amended by striking subparagraph (F).
(b) Conforming Amendments.--
(1) Section 1935 of such Act (42 U.S.C. 1396v) is amended--
(A) in subsections (a) and (c)(1), by striking
``subject to subsection (e)'';
(B) in subsection (c)(1)(A), by striking ``Each of
the 50 States and the District of Columbia'' and
inserting ``Each State'';
(C) in subsection (c)(2)(A)(i), by striking ``and''
at the end of subclause (I), and by adding after
subclause (II) the following new subclause:
``(III) in the case of a territory
subject to a limitation on payments
under this title under subsections (f)
and (g) of section 1108, the ratio of
the total amounts of the payment
limitations under such subsections for
such territory for fiscal year 2003, to
the total amounts that would be payable
to such territory under this title for
such fiscal year but for such payment
limitations; and''; and
(D) by striking subsection (e).
(2) Section 1108(f) of such Act (42 U.S.C. 1308(f)) is
amended by striking ``and section 1935(e)(1)(B)''.
(3) Section 1860D-14(a)(3)(C) of such Act (42 U.S.C. 1395w-
114(a)(3)(C)) is amended by adding at the end the following:
``The poverty line to be applied in the territories shall be
the same as the poverty line applied to States in the
continental United States.''.
(c) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. INSTITUTE OF MEDICINE REPORT ON ACCESS OF MEDICARE
BENEFICIARIES IN TERRITORIES TO PRESCRIPTION DRUGS.
(a) In General.--The Secretary of Health and Human Services shall
request the Institute of Medicine of the National Academy of Sciences
to undertake a study that examines the access of medicare beneficiaries
residing in the United States territories to prescription drugs during
each of 3 periods:
(1) Before mma.--The period before the date of the
enactment of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173).
(2) Discount card and transitional assistance.--The period
during the implementation of the discount card and transitional
assistance program (under section 1860D-31 of the Social
Security Act).
(3) Implementation of prescription drug benefit.--The
period beginning on January 1, 2006.
(b) Report.--The study under subsection (a) shall include a report
to the Secretary, the Committees on Ways and Means and Energy and
Commerce of the House of Representatives, and the Committee on Finance
of the Senate, on the results of such study. Such report shall include
information on--
(1) the relative cost of prescription drugs to medicare
beneficiaries residing in the territories, both retail and as
affected through benefit changes effected under the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173); and
(2) statistical health improvements of such beneficiaries
as a result of the enactment of such law.
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