HR 2716 IHCommentsClose CommentsPermalink

To amend title XIX of the Social Security Act to provide financial stability for seniors and people with disabilities through improvements in the Medicare Savings Program.CommentsClose CommentsPermalink

June 4, 2009CommentsClose CommentsPermalink

Mr. BECERRA (for himself and Mr. DOGGETT) 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 concernedCommentsClose CommentsPermalink

To amend title XIX of the Social Security Act to provide financial stability for seniors and people with disabilities through improvements in the Medicare Savings Program.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Medicare Savings Program Improvement Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Increase in income levels for eligibility.CommentsClose CommentsPermalink





Sec. 3. Modification of resource standards.CommentsClose CommentsPermalink





Sec. 4. Eligibility for other programs.CommentsClose CommentsPermalink





Sec. 5. Effective date of MSP benefits.CommentsClose CommentsPermalink





Sec. 6. Treatment of qualified Medicare beneficiaries, specified low-income Medicare beneficiaries, and other dual eligibles as medicare beneficiaries.CommentsClose CommentsPermalink





Sec. 7. Monitoring and enforcement of limitation on beneficiary liability.CommentsClose CommentsPermalink





Sec. 8. Medicaid treatment of certain Medicare providers.CommentsClose CommentsPermalink





Sec. 9. State provision of medical assistance to dual eligibles in MA plans.CommentsClose CommentsPermalink





Sec. 10. Medicare enrollment assistance.CommentsClose CommentsPermalink





Sec. 11. Medicaid agency consideration of low-income subsidy application and data transmittal.CommentsClose CommentsPermalink





Sec. 12. QMB buy-in of part A and part B premiums.CommentsClose CommentsPermalink





Sec. 13. Increasing availability of MSP applications through availability on the Internet and designation of preferred language.CommentsClose CommentsPermalink





Sec. 14. Medicare savings program applications.CommentsClose CommentsPermalink





Sec. 15. Repeal of payment limitation.CommentsClose CommentsPermalink

SEC. 2. INCREASE IN INCOME LEVELS FOR ELIGIBILITY.

(a) Increase to 150 Percent of FPL for Qualified Medicare Beneficiaries-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1905(p)(2) of the Social Security Act (42 U.S.C. 1396d(p)(2)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘100 percent’ and inserting ‘150 percent’;CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking ‘and’ at the end of clause (ii);CommentsClose CommentsPermalink





(ii) by striking the period at the end of clause (iii) and inserting ‘, and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(iv) January 1, 2011, is 150 percent.’; andCommentsClose CommentsPermalink





(C) in subparagraph (C)--CommentsClose CommentsPermalink





(i) by striking ‘and’ at the end of clause (iii);CommentsClose CommentsPermalink





(ii) by striking the period at the end of clause (iv) and inserting ‘, and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(v) January 1, 2011, is 150 percent.’.CommentsClose CommentsPermalink





(2) APPLICATION OF INCOME TEST BASED ON FAMILY SIZE- Section 1905(p)(2)(A) of such Act (42 U.S.C. 1396d(p)(2)(A)) is amended by adding at the end the following: ‘For purposes of this subparagraph, family size means the applicant, the spouse (if any) of the applicant if living in the same household as the applicant, and the number of individuals who are related to the applicant (or applicants), who are living in the same household as the applicant (or applicants), and who are dependent on the applicant (or the applicant’s spouse) for at least one-half of their financial support.’.CommentsClose CommentsPermalink





(3) NOT COUNTING IN-KIND SUPPORT AND MAINTENANCE AS INCOME- Section 1905(p)(2)(D) of such Act (42 U.S.C. 1396d(p)(2)(D)) is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iii) In determining income under this subsection, support and maintenance furnished in kind shall not be counted as income.’.CommentsClose CommentsPermalink





(b) Expansion of Specified Low-Income Medicare Beneficiary (SLMB) Program-CommentsClose CommentsPermalink





(1) ELIGIBILITY OF INDIVIDUALS WITH INCOMES BELOW 200 PERCENT OF FPL- Section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396b(a)(10)(E)) is amended--CommentsClose CommentsPermalink





(A) by adding ‘and’ at the end of clause (ii);CommentsClose CommentsPermalink





(B) in clause (iii)--CommentsClose CommentsPermalink





(i) by striking ‘and 120 percent in 1995 and years thereafter’ and inserting ‘, or 120 percent in 1995 and any succeeding year before 2011, or 200 percent in 2011 and years thereafter’; andCommentsClose CommentsPermalink





(ii) by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(C) by striking clause (iv).CommentsClose CommentsPermalink





(2) REFERENCES- Section 1905(p)(1) of such Act (42 U.S.C. 1396d(p)(1)) is amended by adding at and below subparagraph (C) the following: ‘The term ‘specified low-income medicare beneficiary’ means an individual described in section 1902(a)(13)(iii).’.CommentsClose CommentsPermalink





(c) Providing 100 Percent Federal Financing- The third sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at the end the following: ‘and with respect to medical assistance for Medicare cost-sharing provided under section 1902(a)(10)(E)(iii) and under section 1902(a)(10)(E)(i) with respect to individuals with income (as determined in accordance with subsection (p)(1)(B)) is greater than 100 percent of the official income poverty line applicable to a family of the size involved’.CommentsClose CommentsPermalink





(d) Effective Date-CommentsClose CommentsPermalink





(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2011, and, with respect to title XIX of the Social Security Act, shall apply to calendar quarters beginning on or after January 1, 2011.CommentsClose CommentsPermalink





(2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.CommentsClose CommentsPermalink

SEC. 3. MODIFICATION OF RESOURCE STANDARDS.

(a) In General- Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink





‘(C) whose resources (as determined under section 1613 for purposes of the supplemental income security program, except as provided in paragraph (6)(B)) do not exceed the amount described in paragraph (6)(A).’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (6) as paragraph (7); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6)(A) The resource level specified in this subparagraph for--CommentsClose CommentsPermalink





‘(i) for 2011, is $27,500 (or $55,000 in the case of the combined value of the individual’s assets or resources and the assets or resources of the individual’s spouse); andCommentsClose CommentsPermalink





‘(ii) for a subsequent year is the applicable resource level specified in this subparagraph for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year.CommentsClose CommentsPermalink





Any dollar amount established under clause (ii) that is not a multiple of $10 shall be rounded to the nearest multiple of $10.CommentsClose CommentsPermalink





‘(B) In determining the resources of an individual (and their eligible spouse, if any) under section 1613 for purposes of paragraph (1)(C) (relating to qualified Medicare beneficiaries) or section 1902(a)(10)(E)(iii) (relating to specified low-income medicare beneficiaries), the following additional exclusions shall apply:CommentsClose CommentsPermalink





‘(i) No part of the value of any life insurance policy shall be taken into account.CommentsClose CommentsPermalink





‘(ii) No balance in, or benefits received under, an employee pension benefit plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974) shall be taken into account’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after January 1, 2011.CommentsClose CommentsPermalink





(2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.CommentsClose CommentsPermalink

SEC. 4. ELIGIBILITY FOR OTHER PROGRAMS.

(a) In General- Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by section 2(a), is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (7) as paragraph (8); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (6) the following new paragraph:CommentsClose CommentsPermalink





‘(7) Notwithstanding any other provision of law, any medical assistance for some or all medicare cost-sharing under this title shall not be considered income or resources in determining eligibility for, or the amount of assistance or benefits provided under, any other public benefit provided under Federal law or the law of any State or political subdivision thereof.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall apply to eligibility for benefits on or after January 1, 2010.CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATE OF MSP BENEFITS.

(a) Providing for 3 Months Retroactive Eligibility-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended, in the matter preceding paragraph (1), by striking ‘assistance or, in the case of medicare cost-sharing’ and all that follows through ‘beneficiary)’ and inserting ‘assistance)’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- (A) Section 1902(e)(8) of such Act (42 U.S.C. 1396a(e)(8)) is amended--CommentsClose CommentsPermalink





(i) by striking the first sentence; andCommentsClose CommentsPermalink





(ii) by striking ‘such determination’.CommentsClose CommentsPermalink





(B) Section 1848(g)(3) of such Act (42 U.S.C. 1395w-4(g)(3)) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) TREATMENT OF RETROACTIVE ELIGIBILITY- In the case of an individual who is determined to be eligible for medical assistance described in subparagraph (A) retroactively, the Secretary shall provide a process whereby claims which are submitted for services furnished during the period of retroactive eligibility and during a month in which the individual otherwise would have been eligible for such assistance and which were not submitted in accordance with such subparagraph are resubmitted and re-processed in accordance with such subparagraph.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on January 1, 2010, but shall not result in eligibility for benefits for medicare cost-sharing for months before January 2010.CommentsClose CommentsPermalink

SEC. 6. TREATMENT OF QUALIFIED MEDICARE BENEFICIARIES, SPECIFIED LOW-INCOME MEDICARE BENEFICIARIES, AND OTHER DUAL ELIGIBLES AS MEDICARE BENEFICIARIES.

(a) In General- Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(n) Treatment of Qualified Medicare Beneficiaries (QMBs), Specified Low-Income Medicare Beneficiaries (SLMBs), and Other Dual Eligibles- Nothing in this title shall be construed as authorizing a provider of services or supplier to discriminate (through a private contractual arrangement or otherwise) against an individual who is otherwise entitled to services under this title on the basis that the individual is a qualified medicare beneficiary (as defined in section 1905(p)(1)), a specified low-income medicare beneficiary, or is otherwise eligible for medical assistance for medicare cost-sharing or other benefits under title XIX.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 7. MONITORING AND ENFORCEMENT OF LIMITATION ON BENEFICIARY LIABILITY.

(a) In General- Section 1902(n) of the Social Security Act (42 U.S.C. 1396b(n)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (2); andCommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking ‘In the case in which’ and all that follows through ‘ the application of paragraph (2)’ and inserting ‘With respect to an item or service’;CommentsClose CommentsPermalink





(B) in subparagraph (A), by striking ‘(if any)’; andCommentsClose CommentsPermalink





(C) by redesignating such paragraph as paragraph (2).CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1905(p)(2) of such Act (42 U.S.C. 1396d(p)(2)) is amended by striking ‘(subject to section 1902(n))’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to items and services furnished on or after January 1, 2011.CommentsClose CommentsPermalink

SEC. 8. MEDICAID TREATMENT OF CERTAIN MEDICARE PROVIDERS.

(a) In General- Section 1902(n) of the Social Security Act (42 U.S.C. 1396a(n)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) A State plan shall not deny a claim from a provider or supplier with respect to medicare cost-sharing described in subparagraph (B), (C), or (D) of section 1905(p)(3) for an item or service which is eligible for payment under title XVIII on the basis that the provider or supplier does not have a provider agreement in effect under this title or does not otherwise serve all individuals entitled to medical assistance under this title. The State shall create a mechanism through which provider or suppliers that do not otherwise have provider agreements with the State can bill the State for medicare cost-sharing for qualified medicare beneficiaries.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 9. STATE PROVISION OF MEDICAL ASSISTANCE TO DUAL ELIGIBLES IN MA PLANS.

(a) In General- Section 1902(n) of the Social Security Act (42 U.S.C. 1396b(n)), as amended by section 8(a), is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4)(A) Each State shall--CommentsClose CommentsPermalink





‘(i) identify those individuals who are eligible for medical assistance for medicare cost-sharing and who are enrolled with a Medicare Advantage plan under part C of title XVIII; andCommentsClose CommentsPermalink





‘(ii) for the individuals so identified, provide for payment of medical assistance for the medicare cost-sharing (including cost-sharing under a Medicare Advantage plan) to which they are entitled.CommentsClose CommentsPermalink





‘(B)(i) The Inspector General of the Department of Health and Human Services shall examine whether States are providing for medical assistance for Medicare cost-sharing for individuals enrolled in Medicare Advantage plans in accordance with this title. The Inspector General shall submit to the Secretary, not later than one year after the date of the enactment of this paragraph, a report on such examination and a finding as to whether States are failing to provide such medical assistance.CommentsClose CommentsPermalink





‘(ii) If a report under clause (i) includes a finding that States are failing to provide such medical assistance, not later than 60 days after the date of receiving such report the Secretary shall submit to Congress a report that includes a plan of action on how to enforce such requirement.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).CommentsClose CommentsPermalink

SEC. 10. MEDICARE ENROLLMENT ASSISTANCE.

(a) Additional Funding for State Health Insurance Assistance Programs-CommentsClose CommentsPermalink





(1) GRANTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall use amounts made available under subparagraph (B) to make grants to States for State health insurance assistance programs receiving assistance under section 4360 of the Omnibus Budget Reconciliation Act of 1990.CommentsClose CommentsPermalink





(B) FUNDING- For purposes of making grants under this subsection, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w-23(f)), of $14,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2011, to remain available until expended.CommentsClose CommentsPermalink





(2) AMOUNT OF GRANTS- The amount of a grant to a State under this subsection from the total amount made available under paragraph (1) shall be equal to the sum of the amount allocated to the State under paragraph (3)(A) and the amount allocated to the State under subparagraph (3)(B).CommentsClose CommentsPermalink





(3) ALLOCATION TO STATES-CommentsClose CommentsPermalink





(A) ALLOCATION BASED ON PERCENTAGE OF LOW-INCOME BENEFICIARIES- The amount allocated to a State under this subparagraph from 2/3 of the total amount made available under paragraph (1) shall be based on the number of individuals who meet the requirement under subsection (a)(3)(A)(ii) of section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114) but who have not enrolled to receive a subsidy under such section 1860D-14 relative to the total number of individuals who meet the requirement under such subsection (a)(3)(A)(ii) in each State, as estimated by the Secretary.CommentsClose CommentsPermalink





(B) ALLOCATION BASED ON PERCENTAGE OF RURAL BENEFICIARIES- The amount allocated to a State under this subparagraph from 1/3 of the total amount made available under paragraph (1) shall be based on the number of part D eligible individuals (as defined in section 1860D-1(a)(3)(A) of such Act (42 U.S.C. 1395w-101(a)(3)(A))) residing in a rural area relative to the total number of such individuals in each State, as estimated by the Secretary.CommentsClose CommentsPermalink





(4) PORTION OF GRANT BASED ON PERCENTAGE OF LOW-INCOME BENEFICIARIES TO BE USED TO PROVIDE OUTREACH TO INDIVIDUALS WHO MAY BE SUBSIDY ELIGIBLE INDIVIDUALS OR ELIGIBLE FOR THE MEDICARE SAVINGS PROGRAM- Each grant awarded under this subsection with respect to amounts allocated under paragraph (3)(A) shall be used to provide outreach to individuals who may be subsidy eligible individuals (as defined in section 1860D-14(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)(A)) or eligible for the Medicare Savings Program (as defined in subsection (f)).CommentsClose CommentsPermalink





(b) Additional Funding for Area Agencies on Aging-CommentsClose CommentsPermalink





(1) GRANTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary, acting through the Assistant Secretary for Aging, shall make grants to States for area agencies on aging (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) and Native American programs carried out under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).CommentsClose CommentsPermalink





(B) FUNDING- For purposes of making grants under this subsection, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w-23(f)), of $10,000,000 to the Administration on Aging for fiscal year 2011, to remain available until expended.CommentsClose CommentsPermalink





(2) AMOUNT OF GRANT AND ALLOCATION TO STATES BASED ON PERCENTAGE OF LOW-INCOME AND RURAL BENEFICIARIES- The amount of a grant to a State under this subsection from the total amount made available under paragraph (1) shall be determined in the same manner as the amount of a grant to a State under subsection (a), from the total amount made available under paragraph (1) of such subsection, is determined under paragraph (2) and subparagraphs (A) and (B) of paragraph (3) of such subsection.CommentsClose CommentsPermalink





(3) REQUIRED USE OF FUNDS-CommentsClose CommentsPermalink





(A) ALL FUNDS- Subject to subparagraph (B), each grant awarded under this subsection shall be used to provide outreach to eligible Medicare beneficiaries regarding the benefits available under title XVIII of the Social Security Act.CommentsClose CommentsPermalink





(B) OUTREACH TO INDIVIDUALS WHO MAY BE SUBSIDY ELIGIBLE INDIVIDUALS OR ELIGIBLE FOR THE MEDICARE SAVINGS PROGRAM- Subsection (a)(4) shall apply to each grant awarded under this subsection in the same manner as it applies to a grant under subsection (a).CommentsClose CommentsPermalink





(c) Additional Funding for Aging and Disability Resource Centers-CommentsClose CommentsPermalink





(1) GRANTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall make grants to Aging and Disability Resource Centers under the Aging and Disability Resource Center grant program that are established centers under such program on the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) FUNDING- For purposes of making grants under this subsection, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w-23(f)), of $10,000,000 to the Administration on Aging for fiscal year 2011, to remain available until expended.CommentsClose CommentsPermalink





(2) REQUIRED USE OF FUNDS- Each grant awarded under this subsection shall be used to provide outreach to individuals regarding the benefits available under the Medicare prescription drug benefit under part D of title XVIII of the Social Security Act and under the Medicare Savings Program.CommentsClose CommentsPermalink





(d) Coordination of Efforts To Inform Older Americans About Benefits Available Under Federal and State Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, acting through the Assistant Secretary for Aging, in cooperation with related Federal agency partners, shall make a grant to, or enter into a contract with, a qualified, experienced entity under which the entity shall--CommentsClose CommentsPermalink





(A) maintain and update web-based decision support tools, and integrated, person-centered systems, designed to inform older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) about the full range of benefits for which the individuals may be eligible under Federal and State programs;CommentsClose CommentsPermalink





(B) utilize cost-effective strategies to find older individuals with the greatest economic need (as defined in such section 102) and inform the individuals of the programs;CommentsClose CommentsPermalink





(C) develop and maintain an information clearinghouse on best practices and the most cost-effective methods for finding older individuals with greatest economic need and informing the individuals of the programs; andCommentsClose CommentsPermalink





(D) provide, in collaboration with related Federal agency partners administering the Federal programs, training and technical assistance on the most effective outreach, screening, and follow-up strategies for the Federal and State programs.CommentsClose CommentsPermalink





(2) FUNDING- For purposes of making a grant or entering into a contract under paragraph (1), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w-23(f)), of $10,000,000 to the Administration on Aging for fiscal year 2011, to remain available until expended.CommentsClose CommentsPermalink





(e) Medicare Savings Program Defined- For purposes of this section, the term ‘Medicare Savings Program’ means the program of medical assistance for payment of the cost of medicare cost-sharing under the Medicaid program pursuant to sections 1902(a)(10)(E) and 1933 of the Social Security Act (42 U.S.C. 1396a(a)(10)(E), 1396u-3).CommentsClose CommentsPermalink

SEC. 11. MEDICAID AGENCY CONSIDERATION OF LOW-INCOME SUBSIDY APPLICATION AND DATA TRANSMITTAL.

(a) Conforming Amendment to Section 1144- The first sentence of section 1144(c)(3) of the Social Security Act (42 U.S.C. 1320b-14(c)(3)), as added by section 113(a) of Public Law 110-275, is amended--CommentsClose CommentsPermalink





(1) by striking ‘transmittal’; andCommentsClose CommentsPermalink





(2) by inserting ‘as specified in section 1935(a)(4)’ before the period at the end.CommentsClose CommentsPermalink





(b) Clarifying Amendment to Section 1935- Section 1935(a)(4) of the Social Security Act (42 U.S.C. 1396u-5(a)(4)), as added by section 113(b) of Public Law 110-275, is amended by striking the last sentence and inserting the following: ‘For the purpose of a State’s obligation under section 1902(a)(8) to furnish medical assistance with reasonable promptness, the date of the electronic transmission of low income subsidy program data, as described in section 1144(c), from the Commissioner of Social Security to the State Medicaid Agency, shall constitute the date of filing of such application for benefits under the Medicare Savings Program. For the purpose of determining when such medical assistance will be made available, the State shall consider the date of the individual’s application for the low income subsidy program to constitute the date of filing of an application for benefits under the Medicare Savings Program.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section are effective as if they had been included in the enactment of section 113(b) of Public Law 110-275.CommentsClose CommentsPermalink





(d) OIG Study- The Inspector General of the Department of Health and Human Services shall examine the extent to which States are complying with the requirement, under amendments made by the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), that they initiate an application for Medicare Savings Program from data of the Social Security Administration suggesting eligibility.CommentsClose CommentsPermalink

SEC. 12. QMB BUY-IN OF PART A AND PART B PREMIUMS.

(a) Requirement- Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (72), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (73), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (73) the following new paragraph:CommentsClose CommentsPermalink





‘(74) provide that the State enters into a modification of an agreement under section 1818(g).’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section take effect on the first day of the first calendar quarter beginning 6 months after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.CommentsClose CommentsPermalink

SEC. 13. INCREASING AVAILABILITY OF MSP APPLICATIONS THROUGH AVAILABILITY ON THE INTERNET AND DESIGNATION OF PREFERRED LANGUAGE.

(a) Requirement for States-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by section 12, is amended--CommentsClose CommentsPermalink





(A) in paragraph (73), by striking ‘and’at the end;CommentsClose CommentsPermalink





(B) in paragraph (74), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by inserting after paragraph (74) the following new paragraph:CommentsClose CommentsPermalink





‘(75) provide--CommentsClose CommentsPermalink





‘(A) that the application for medical assistance for Medicare cost-sharing under this title used by the State allows an individual to specify a preferred language for subsequent communication and, in the case in which a language other than English is specified, provide that subsequent communications under this title to the individual shall be in such language; andCommentsClose CommentsPermalink





‘(B) that the State makes such application available through an Internet website and provides for such application to be completed on such website.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by this subsection take effect on and after the first day of the first calendar quarter beginning 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Requirement for the Secretary- Section 1905(p)(5) of the Social Security Act (42 U.S.C. 1396d(p)(5)) is amended by adding at the end the following new sentence: ‘Such form shall allow an individual to specify a preferred language for subsequent communication.’CommentsClose CommentsPermalink

SEC. 14. MEDICARE SAVINGS PROGRAM APPLICATIONS.

(a) In General- Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by sections 12 and 13, is further amended--CommentsClose CommentsPermalink





(1) in paragraph (74), by striking ‘and’at the end;CommentsClose CommentsPermalink





(2) in paragraph (75), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (75) the following new paragraph:CommentsClose CommentsPermalink





‘(76) provide that the State coordinates with the State agency that administers benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to ensure that individuals applying for medical assistance provided under paragraph (10)(E), as described in sections 1905(p) and 1933, have the opportunity to apply for, establish eligibility for, and, if eligible, receive supplemental nutrition assistance program benefits.’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by subsection (a) take effect on the first day of the first calendar quarter beginning 6 months after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the process each State uses to meet the requirements under section 1902(a)(76) of the Social Security Act, as added by subsection (a).CommentsClose CommentsPermalink

SEC. 15. REPEAL OF PAYMENT LIMITATION.

(a) In General- Section 1902(n) of the Social Security Act (42 U.S.C. 1396a(n)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (2) and (3); andCommentsClose CommentsPermalink





(2) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘(n)(1)’ and inserting ‘(n)’; andCommentsClose CommentsPermalink





(B) by striking ‘may provide’ and inserting ‘shall provide’.CommentsClose CommentsPermalink





(b) Conforming Amendments- (1) Section 1902(a)(10) of such Act is amended, in the subclause (VIII) following subparagraph (G), by striking ‘subsection (n) and’.CommentsClose CommentsPermalink





(2) Section 1905(p)(2) of such Act (42 U.S.C. 1396d(p)(2)) is amended by striking ‘(subject to section 1902(n))’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to items and services furnished on or after January 1, 2010.CommentsClose CommentsPermalink