109TH CONGRESS

1ST SESSION S. 1778

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Medicare Cost-Sharing

5 and Welfare Extension Act of 2005’’.
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1 SEC. 2. EXTENSION OF QI PROGRAM THROUGH SEP2 TEMBER 2006.

3 (a) IN GENERAL.—Section 1902(a)(10)(E)(iv) of the

4 Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is

5 amended by striking ‘‘September 2005’’ and inserting

6 ‘‘September 2006’’.

7 (b) TOTAL AMOUNT AVAILABLE FOR ALLOCATION.—

8 Section 1933(g)(2) of such Act (42 U.S.C. 1396u–

9 3(g)(2)) is amended—

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (B);

12 (2) by striking the period at the end of sub13 paragraph (C) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new sub15 paragraphs:

16 ‘‘(D) for the period that begins on October

17 1, 2005, and ends on December 31, 2005, the

18 total allocation amount is $100,000,000; and

19 ‘‘(E) for the period that begins on January

20 1, 2006, and ends on September 30, 2006, the

21 total allocation amount is $300,000,000.’’.
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1 SEC. 3. EXTENSION OF THE TEMPORARY ASSISTANCE FOR

2 NEEDY FAMILIES BLOCK GRANT PROGRAM,

3 TRANSITIONAL MEDICAL ASSISTANCE, AND

4 RELATED PROGRAMS THROUGH MARCH 31,

5 2006.

6 (a) IN GENERAL.—Activities authorized by part A of

7 title IV of the Social Security Act, and by sections 510,

8 1108(b), and 1925 of such Act, shall continue through

9 March 31, 2006, in the manner authorized for fiscal year

10 2005, notwithstanding section 1902(e)(1)(A) of such Act,

11 and out of any money in the Treasury of the United States

12 not otherwise appropriated, there are hereby appropriated

13 such sums as may be necessary for such purpose. Grants

14 and payments may be made pursuant to this authority

15 through the second quarter of fiscal year 2006 at the level

16 provided for such activities through the second quarter of

17 fiscal year 2005.

18 (b) CONFORMING AMENDMENT.—Section

19 403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C.

20 603(a)(3)(H)(ii)), as amended by section 2(b)(2)(A) of the

21 TANF Emergency Response and Recovery Act of 2005

22 (Public Law 109–68), is amended by striking ‘‘December

23 31, 2005’’ and inserting ‘‘March 31, 2006’’.

24 (c) EXTENSION OF THE NATIONAL RANDOM SAMPLE

25 STUDY OF CHILD WELFARE AND CHILD WELFARE WAIV26 ER AUTHORITY THROUGH MARCH 31, 2006.—Activities
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1 authorized by sections 429A and 1130(a) of the Social Se2 curity Act shall continue through March 31, 2006, in the

3 manner authorized for fiscal year 2005, and out of any

4 money in the Treasury of the United States not otherwise

5 appropriated, there are hereby appropriated such sums as

6 may be necessary for such purpose. Grants and payments

7 may be made pursuant to this authority through the sec8 ond quarter of fiscal year 2006 at the level provided for

9 such activities through the second quarter of fiscal year

10 2005.

11 SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE

12 MEDICAID AND MEDICARE PROGRAMS.

13 (a) EXCLUSION UNDER MEDICARE BEGINNING IN

14 2007.—Section 1860D–2(e)(2)(A) of the Social Security

15 Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended by in16 serting ‘‘and, only with respect to 2006, other than sub17 paragraph (K) (relating to agents when used to treat sex18 ual or erectile dysfunction, unless such agents are used

19 to treat a condition, other than sexual or erectile dysfunc20 tion, for which the agent has been approved by the Food

21 and Drug Administration)’’ after ‘‘agents)’’.

22 (b) RESTRICTION UNDER MEDICAID.—

23 (1) IN GENERAL.—Section 1927(d)(2) of the

24 Social Security Act (42 U.S.C. 1396r–8(d)(2)) is
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1 amended by adding at the end the following new

2 subparagraph:

3 ‘‘(K) Agents when used to treat sexual or

4 erectile dysfunction, except that such exclusion

5 or other restriction shall not apply in the case

6 of such agents when used to treat a condition,

7 other than sexual or erectile dysfunction, for

8 which the agent has been approved by the Food

9 and Drug Administration.’’.

10 (2) EFFECTIVE DATE.—The amendment made

11 by this subsection shall apply to drugs dispensed on

12 or after the date that is 60 days after the date of

13 enactment of this Act.

14 (c) CLARIFICATION OF NO EFFECT ON DETERMINA15 TION OF BASE EXPENDITURES.—Section

16 1935(c)(3)(B)(ii)(II) of the Social Security Act (42 U.S.C.

17 1396v(c)(3)(B)(ii)(II)) is amended by inserting ‘‘, includ18 ing drugs described in subparagraph (K) of section

19 1927(d)(2)’’ after ‘‘1860D–2(e)’’.

Passed the Senate September 29, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1778

AN ACT

To extend medicare cost-sharing for qualifying indithrough March 31, 2006, and for other purposes. Medicaid Program, and related programs gram, transitional medical assistance under the Temporary Assistance for Needy Families Pro- viduals through September 2006, to extend the