I 
109TH CONGRESS 
1ST SESSION H. R. 3956 
To provide for a drug discount program for individuals without prescription 
drug coverage. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2005 
Mr. KUHL of New York introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Com-
mittee 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 provide for a drug discount program for individuals 
without prescription drug coverage. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Savings for the Unin-
sured on Rx Expenses (SURE) Act of 2005’’. 
SEC. 2. DRUG DISCOUNT CARD PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall establish a program under
this section to endorse prescription drug discount 
card programs that meet the requirements of this 
section in order to provide access to prescription 
drug discounts through prescription drug card spon-
sors for eligible individuals throughout the United 
States. The program is modeled on the medicare 
prescription drug discount card program under sec-
tion 1860D–31 of the Social Security Act, but with-
out any transitional assistance program as described 
in subsection (g) of such section. 
(2) DEADLINE.—The Secretary shall implement 
the program under this section so that discount 
cards are first available by not later than 6 months 
after the date of the enactment of this Act. 
(3) VOLUNTARY NATURE OF PROGRAM.—Noth-
ing in this section shall be construed as requiring an 
eligible individual to enroll in an endorsed discount 
card program under this section. 
(4) ADMINISTRATION.—The Secretary shall 
provide for the establishment and administration of 
the program under this section through an office in 
the Department of Health and Human Services that 
is separate from the Centers for Medicare & Med-
icaid Services. The Secretary may promulgate regu-
lations to carry out this section.
(b) DEFINITIONS.— 
(1) ELIGIBLE
INDIVIDUAL.—For purposes of 
this section, the term ‘‘eligible individual’’ means 
any individual who— 
(A) is a citizen or national of the United 
States or is an alien lawfully admitted to the 
United States for permanent residence or other-
wise permanently residing in the United States 
under color of law; 
(B) is not eligible for outpatient prescrip-
tion drug coverage; and 
(C) is not eligible to enroll for prescription 
drug coverage under part D of title XVIII of 
the Social Security Act. 
(2) OUTPATIENT
PRESCRIPTION
DRUG
COV-
ERAGE.—For purposes of paragraph (1)(B), the 
term ‘‘outpatient prescription drug coverage’’ means 
coverage of prescription drugs on an outpatient basis 
under health insurance, a group health plan, or 
other form of health benefits coverage (such as 
under the Federal employees health benefits pro-
gram, under the medicaid program or the State chil-
dren’s health insurance program (SCHIP), under a 
program of the Indian Health Service (IHS), under 
a program of the Department of Veterans Affairs or
the Department of Defense). Such term does not in-
clude coverage under a high deductible plan or bene-
fits under a health savings account or flexible spend-
ing account. 
(3) COVERED
DISCOUNT
CARD
DRUG.—For 
purposes of this section, the term ‘‘covered discount 
card drug’’ means at least those drugs that are cov-
ered part D drugs under section 1860D–2(e) of the 
Social Security Act. 
(c) ENROLLMENT AND ENROLLMENT FEES.—The 
provisions of subsection (c) of section 1860D–31 of the 
Social Security Act shall apply under this section in the 
same manner as they apply under such section, except 
that— 
(1) the enrollment forms shall be such enroll-
ment forms as may be established for purposes of 
carrying out this section; 
(2) notwithstanding paragraph (1)(C)(ii) of 
such subsection, there shall be an annual open en-
rollment process for eligible individuals; 
(3) notwithstanding paragraph (2) of such sub-
section, the annual enrollment fee shall not be pro-
rated for any year and shall continue for each year 
in which the program is in operation under this sec-
tion;
(4) there shall be no special provisions for tran-
sitional assistance for eligible individuals; and 
(5) the limitation on enrollment before January 
1, 2006, under paragraph (1)(A)(ii) of such sub-
section shall not apply. 
(d) PROVISION
OF
INFORMATION
ON
ENROLL-
MENT.—The provisions of subsection (d) of such section 
shall apply under this section in the same manner as they 
apply under such section, except that— 
(1) the information disseminated shall include 
information concerning the use of health savings ac-
counts to cover the costs of prescription drugs for 
which discounts are provided under this section; 
(2) there shall be a toll-free number, other than 
the medicare toll-free number, used to carry out 
paragraph (1)(D) of such subsection; 
(3) any special provisions relating to transi-
tional assistance for eligible individuals shall not 
apply; and 
(4) the information disseminated does not need 
to include information on medicare options. 
(e) DISCOUNT CARD AND ELIGIBILITY FEATURES; 
QUALIFICATION OF SPONSORS; ENDORSEMENT OF PRO-
GRAMS; DISCLOSURE AND OVERSIGHT.—
(1) APPLICATION OF CERTAIN PROVISIONS.— 
The provisions of subsections (e) (other than para-
graph (1)(D)), (f), (h) (other than paragraph (9)), 
and (i) of such section shall apply under this section 
in the same manner as they apply under such sec-
tion, except that no provision relating to transitional 
assistance for eligible individuals shall apply. 
(2) REQUIREMENT FOR MARKETING PLANS.— 
The Secretary shall require that sponsors of pre-
scription drug discount card programs demonstrate 
that they have a marketing plan to reach out effec-
tively to eligible individuals. 
(3) ADDITIONAL INFORMATION.—In addition to 
the use of information described in subsection 
(f)(3)(B) of such section for verification of eligibility, 
the Secretary shall also use— 
(A) information on medicare eligibility; and 
(B) eligibility information made available 
to the Secretary under arrangements between 
the Secretary and the Secretaries of Veterans 
Affairs and Defense in connection with pro-
grams of the Departments of Veterans Affairs 
and Defense. 
(f) MISCELLANEOUS PROVISIONS.—There shall be no 
judicial review of a determination not to endorse a pre-
scription drug discount card program or not to enter into 
a contract with a prescription drug card sponsor under 
this section. 
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