I 

109TH CONGRESS 

1ST SESSION H. R. 1572 

To amend title XVIII of the Social Security Act to improve the coordination 

of prescription drug coverage provided under State pharmaceutical assistance programs with the prescription drug benefit provided under the 

Medicare Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2005 

Mr. MENENDEZ (for himself, Mr. PALLONE, Mr. HOLT, Mr. ANDREWS, Mr. 

PAYNE, Mr. ROTHMAN, and Mr. PASCRELL) 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 improve 

the coordination of prescription drug coverage provided 

under State pharmaceutical assistance programs with the 

prescription drug benefit provided under the Medicare 

Program, 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 ‘‘Preserving Access to 

5 Affordable Drugs Act of 2005’’. 
2 

•HR 1572 IH 

1 SEC. 2. STATE AS AUTHORIZED REPRESENTATIVE. 

2 (a) IN GENERAL.—Section 1860D–1(b)(1) of the So3 cial Security Act (42 U.S.C. 1395w–101(b)(1)) is amend4 ed by adding at the end the following new subparagraph: 

5 ‘‘(D) STATE AS AUTHORIZED REPRESENT6 ATIVE.—A State Pharmaceutical Assistance 

7 Program (as defined in section 1860D–23(b)) 

8 may, at the option of the State operating the 

9 Program, act as the authorized representative 

10 for any part D eligible individual residing in the 

11 State who is enrolled in the Program or de12 scribed in section 1935(c)(6)(A)(ii) in order to 

13 select one or more preferred prescription drug 

14 plans to enroll such an individual, so long as 

15 the individual is afforded the authority to de16 cline such enrollment. A Program that acts as 

17 an authorized representative for an individual 

18 pursuant to the preceding sentence shall not be 

19 considered to have violated section 1860D– 

20 23(b)(2) solely because of the enrollment of 

21 such individual in a preferred prescription drug 

22 plan.’’. 

23 (b) CONFORMING AMENDMENT TO ANTI-DISCRIMI24 NATION PROVISION.—Section 1860D–23(b)(2) of the So25 cial Security Act (42 U.S.C. 1395w–133(b)(2)) is amend-
3 

•HR 1572 IH 

1 ed by inserting ‘‘subject to section 1860D–1(b)(1)(D),’’ 

2 after ‘‘which,’’. 

3 SEC. 3. FACILITATION OF COORDINATION. 

4 Section 1860D–24(c)(1) of the Social Security Act 

5 (42 U.S.C. 1395w–134(c)(1)) is amended by striking ‘‘all 

6 methods of operation’’ and inserting ‘‘its own methods of 

7 operation, except that a PDP sponsor or MA organization 

8 may not require a State Pharmaceutical Assistance Pro9 gram or an RX plan described in subsection (b) to apply 

10 such tools when coordinating benefits’’. 

11 SEC. 4. ALLOWING MEDICAID WRAP. 

12 Section 1935 of the Social Security Act (42 U.S.C. 

13 1396u–5) is amended by striking subsection (d). 

14 SEC. 5. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

16 as if included in the enactment of the Medicare Prescrip17 tion Drug, Improvement, and Modernization Act of 2003 

18 (Public Law 108–173; 117 Stat. 2066). 

Æ