‘‘(1) IN GENERAL.—In the case of an individual 
whose eligibility for benefits under this title has 
ended except for the coverage of immunosuppressive 
drugs by reason of section 226A(b)(2), the following 
rules shall apply: 
‘‘(A) The individual shall be deemed to be 
enrolled under this part for purposes of receiv-
ing coverage of such drugs. 
‘‘(B) The individual shall be responsible 
for the full amount of the premium under sec-
tion 1839 in order to receive such coverage. 
‘‘(C) The provision of such drugs shall be 
subject to the application of— 
‘‘(i) the deductible under section 
1833(b); and 
‘‘(ii) the coinsurance amount applica-
ble for such drugs (as determined under 
this part). 
‘‘(D) If the individual is an inpatient of a 
hospital or other entity, the individual is enti-
tled to receive coverage of such drugs under 
this part. 
‘‘(2) ESTABLISHMENT
OF
PROCEDURES
IN 
ORDER TO IMPLEMENT COVERAGE.—The Secretary 
shall establish procedures for— 
VerDate Nov 24 2008 
22:07 Mar 13, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1458.IH
H1458
jlentini on PROD1PC65 with BILLS
‘‘(A) identifying beneficiaries that are enti-
tled to coverage of immunosuppressive drugs by 
reason of section 226A(b)(2); and 
‘‘(B) distinguishing such beneficiaries from 
beneficiaries that are enrolled under this part 
for the complete package of benefits under this 
part.’’. 
(3) TECHNICAL AMENDMENT.—Subsection (c) 
of section 226A of the Social Security Act (42 
U.S.C. 426–1), as added by section 201(a)(3)(D)(ii) 
of the Social Security Independence and Program 
Improvements Act of 1994 (Public Law 103–296; 
108 Stat. 1497), is redesignated as subsection (d). 
(b) EXTENSION OF SECONDARY PAYER REQUIRE-
MENTS
FOR
ESRD 
BENEFICIARIES.—Section 
1862(b)(1)(C) of the Social Security Act (42 U.S.C. 
1395y(b)(1)(C)) is amended by adding at the end the fol-
lowing new sentence: ‘‘With regard to immunosuppressive 
drugs furnished on or after the date of enactment of the 
Comprehensive Immunosuppressive Drug Coverage for 
Kidney Transplant Patients Act of 2009, this subpara-
graph shall be applied without regard to any time limita-
tion.’’. 
VerDate Nov 24 2008 
22:07 Mar 13, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1458.IH
H1458
jlentini on PROD1PC65 with BILLS
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to drugs furnished on or after the 
date of enactment of this Act. 
SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IM-
MUNOSUPPRESSIVE 
DRUGS 
FOR 
KIDNEY 
TRANSPLANT RECIPIENTS. 
(a) APPLICATION TO CERTAIN HEALTH INSURANCE 
COVERAGE.— 
(1) IN GENERAL.—Subpart 2 of part A of title 
XXVII of the Public Health Service Act (42 U.S.C. 
300gg–4 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 2708. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS 
FOR KIDNEY TRANSPLANT RECIPIENTS. 
‘‘A group health plan (and a health insurance issuer 
offering health insurance coverage in connection with a 
group health plan) shall provide coverage of immuno-
suppressive drugs in connection with a kidney transplant 
that is at least as comprehensive as the coverage provided 
by such plan or issuer on the day before the date of enact-
ment of the Comprehensive Immunosuppressive Drug 
Coverage for Kidney Transplant Patients Act of 2009, 
and such requirement shall be deemed to be incorporated 
into this section.’’. 
VerDate Nov 24 2008 
22:07 Mar 13, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1458.IH
H1458
jlentini on PROD1PC65 with BILLS
(2) 
CONFORMING
AMENDMENT.—Section 
2721(b)(2)(A) of the Public Health Service Act (42 
U.S.C. 300gg–21(b)(2)(A)) is amended by inserting 
‘‘(other than section 2708)’’ after ‘‘requirements of 
such subparts’’. 
(b) APPLICATION TO GROUP HEALTH PLANS AND 
GROUP HEALTH INSURANCE COVERAGE UNDER THE EM-
PLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— 
(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 715. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS 
FOR KIDNEY TRANSPLANT RECIPIENTS. 
‘‘A group health plan (and a health insurance issuer 
offering health insurance coverage in connection with a 
group health plan) shall provide coverage of immuno-
suppressive drugs in connection with a kidney transplant 
that is at least as comprehensive as the coverage provided 
by such plan or issuer on the day before the date of enact-
ment of the Comprehensive Immunosuppressive Drug 
Coverage for Kidney Transplant Patients Act of 2009, 
and such requirement shall be deemed to be incorporated 
into this section.’’. 
VerDate Nov 24 2008 
22:07 Mar 13, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1458.IH
H1458
jlentini on PROD1PC65 with BILLS
(2) CONFORMING AMENDMENTS.— 
(A) Section 732(a) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1191a(a)) is amended by striking ‘‘section 711’’ 
and inserting ‘‘sections 711 and 715’’. 
(B) The table of contents in section 1 of 
the Employee Retirement Income Security Act 
of 1974 is amended by inserting after the item 
relating to section 714 the following new item: 
‘‘Sec. 715. Coverage of immunosuppressive drugs.’’. 
(c) APPLICATION TO GROUP HEALTH PLANS UNDER 
THE INTERNAL REVENUE CODE OF 1986.—Subchapter B 
of chapter 100 of the Internal Revenue Code of 1986 is 
amended— 
(1) in the table of sections, by inserting after 
the item relating to section 9813 the following new 
item: 
‘‘Sec. 9814. Coverage of immunosuppressive drugs for kidney transplant recipi-
ents.’’; 
and 
(2) by inserting after section 9813 the fol-
lowing: 
‘‘SEC. 9814. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS 
FOR KIDNEY TRANSPLANT RECIPIENTS. 
‘‘A group health plan shall provide coverage of im-
munosuppressive drugs in connection with a kidney trans-
VerDate Nov 24 2008 
22:07 Mar 13, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1458.IH
H1458
jlentini on PROD1PC65 with BILLS