I 

111TH CONGRESS 

1ST SESSION H. R. 1407 

To amend title XVIII of the Social Security Act to reduce cost-sharing 

under part D of such title for certain non-institutionalized full-benefit 

dual eligible individuals. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2009 

Mr. DOGGETT (for himself, Mr. LINCOLN DIAZ-BALART of Florida, Mr. 

ARCURI, Mr. BOSWELL, Mr. KENNEDY, Mr. LANGEVIN, Ms. MCCOLLUM, 

Mr. SNYDER, and Mr. SOUDER) 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 title XVIII of the Social Security Act to reduce 

cost-sharing under part D of such title for certain noninstitutionalized full-benefit dual eligible individuals. 

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 Part D Home 

5 and Community Services Copayment Equity Act of 2009’’. 


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1 SEC. 2. ELIMINATION OF PART D COST-SHARING FOR CER2 TAIN NON-INSTITUTIONALIZED FULL-BEN3 EFIT DUAL ELIGIBLE INDIVIDUALS. 

4 (a) IN GENERAL.—Section 1860D–14(a)(1)(D)(i) of 

5 the Social Security Act (42 U.S.C. 1395w– 

6 114(a)(1)(D)(i)) is amended— 

7 (1) in the heading, by striking ‘‘INSTITU8 TIONALIZED INDIVIDUALS.—In’’ and inserting 

9 ‘‘ELIMINATION OF COST-SHARING FOR CERTAIN

10 FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS.— 

11 ‘‘(I) INSTITUTIONALIZED INDI12 VIDUALS.—In’’; and 

13 (2) by adding at the end the following new sub14 clauses: 

15 ‘‘(II) CERTAIN OTHER INDIVID16 UALS.—In the case of an individual 

17 who is a full-benefit dual eligible indi18 vidual and who is a resident of a facil19 ity described in subclause (III) or who 

20 is receiving home and community21 based services in a home setting pro22 vided under a home and community23 based waiver approved for the State 

24 under section 1915 or 1115, the elimi25 nation of any beneficiary coinsurance 

26 described in section 1860D–2(b)(2) 


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1 (for all amounts through the total 

2 amount of expenditures at which ben3 efits are available under section 

4 1860D–2(b)(4)). 

5 ‘‘(III) FACILITY DESCRIBED.— 

6 For purposes of subclause (II), a fa7 cility described in this subclause is an 

8 assisted living facility or a resident 

9 care program facility (as such terms 

10 are defined by the Secretary), a board 

11 and care facility (as defined in section 

12 1903(q)(4)(B)), or any other facility 

13 that is licensed or certified by the 

14 State involved and is determined ap15 propriate by the Secretary, such as a 

16 community mental health center that 

17 meets the requirements of section 

18 1913(c) of the Public Health Service 

19 Act, a psychiatric health facility, a 

20 mental health rehabilitation center, 

21 and a mental retardation develop22 mental disability facility.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to drugs dispensed on or after 

3 the date of the enactment of this Act. 

Æ 


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