II 

110TH CONGRESS 

1ST SESSION S. 1107 

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 SENATE OF THE UNITED STATES 

APRIL 12, 2007 

Mr. SMITH (for himself, Mr. BINGAMAN, Mr. NELSON of Florida, Mrs. CLINTON, Ms. COLLINS, Mrs. LINCOLN, Mrs. BOXER, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Finance 

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 ‘‘Home and Community 

5 Services Copayment Equity Act of 2007’’. 


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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— 

8 ‘‘(aa) an assisted living facil9 ity or a resident care program fa10 cility (as such terms are defined 

11 by the Secretary); 

12 ‘‘(bb) a board and care facil13 ity (as defined in section 

14 1903(q)(4)(B)); or 

15 ‘‘(cc) any other facility that 

16 is licensed or certified by the 

17 State and is determined appro18 priate by the Secretary, such as a 

19 community mental health center 

20 that meets the requirements of 

21 section 1913(c) of the Public 

22 Health Service Act, a psychiatric 

23 health facility, a mental health 

24 rehabilitation center, and a menVerDate Aug 31 2005 19:13 Apr 13, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1107.IS S1107

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1 tal retardation developmental dis2 ability facility.’’. 

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

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

5 the date of enactment of this Act. 

Æ 


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