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 assist-
ance 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 subse-
quently 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. 
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 ‘‘Preserving Access to 
Affordable Drugs Act of 2005’’.
SEC. 2. STATE AS AUTHORIZED REPRESENTATIVE. 
(a) IN GENERAL.—Section 1860D–1(b)(1) of the So-
cial Security Act (42 U.S.C. 1395w–101(b)(1)) is amend-
ed by adding at the end the following new subparagraph: 
‘‘(D) STATE AS AUTHORIZED REPRESENT-
ATIVE.—A State Pharmaceutical Assistance 
Program (as defined in section 1860D–23(b)) 
may, at the option of the State operating the 
Program, act as the authorized representative 
for any part D eligible individual residing in the 
State who is enrolled in the Program or de-
scribed in section 1935(c)(6)(A)(ii) in order to 
select one or more preferred prescription drug 
plans to enroll such an individual, so long as 
the individual is afforded the authority to de-
cline such enrollment. A Program that acts as 
an authorized representative for an individual 
pursuant to the preceding sentence shall not be 
considered to have violated section 1860D– 
23(b)(2) solely because of the enrollment of 
such individual in a preferred prescription drug 
plan.’’. 
(b) CONFORMING AMENDMENT TO ANTI-DISCRIMI-
NATION PROVISION.—Section 1860D–23(b)(2) of the So-
cial Security Act (42 U.S.C. 1395w–133(b)(2)) is amend-
ed by inserting ‘‘subject to section 1860D–1(b)(1)(D),’’ 
after ‘‘which,’’. 
SEC. 3. FACILITATION OF COORDINATION. 
Section 1860D–24(c)(1) of the Social Security Act 
(42 U.S.C. 1395w–134(c)(1)) is amended by striking ‘‘all 
methods of operation’’ and inserting ‘‘its own methods of 
operation, except that a PDP sponsor or MA organization 
may not require a State Pharmaceutical Assistance Pro-
gram or an RX plan described in subsection (b) to apply 
such tools when coordinating benefits’’. 
SEC. 4. ALLOWING MEDICAID WRAP. 
Section 1935 of the Social Security Act (42 U.S.C. 
1396u–5) is amended by striking subsection (d). 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
as if included in the enactment of the Medicare Prescrip-
tion Drug, Improvement, and Modernization Act of 2003 
(Public Law 108–173; 117 Stat. 2066). 
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