from such Account under subsection (b) of such sec-
tion. 
SEC. 9. STATE HEALTH INSURANCE PROGRAM ASSISTANCE 
REGARDING THE NEW MEDICARE PRESCRIP-
TION DRUG BENEFIT. 
During the period beginning on the date that is 7 
days after the date of enactment of this Act and ending 
on May 15, 2006 (or a later date if determined appro-
priate by the Secretary of Health and Human Services), 
the Secretary shall ensure that an employee of the Centers 
for Medicare & Medicaid Services is stationed at each 
State health insurance counseling program (receiving 
funding under section 4360 of the Omnibus Budget Rec-
onciliation Act of 1990) in order to— 
(1) assist Medicare beneficiaries and counselors 
under such program in better understanding the 
Medicare prescription drug benefit under part D of 
title XVIII of the Social Security Act; and 
(2) act as a liaison to the Secretary and the Ad-
ministrator of the Centers for Medicare & Medicaid 
Services regarding issues related to oversight and 
enforcement of provisions under the Medicare pre-
scription drug benefit.
SEC. 10. ADDITIONAL MEDICARE PART D INFORMATIONAL 
RESOURCES. 
(a) 1–800–MEDICARE.—The Secretary of Health 
and Human Services shall increase the number of trained 
employees staffing the toll-free telephone number 1–800– 
MEDICARE in order to ensure that the average wait time 
for a caller does not exceed 20 minutes. 
(b) PHARMACY HOTLINE.—The Secretary of Health 
and Human Services shall— 
(1) establish a toll-free telephone number that 
is dedicated to providing information regarding the 
Medicare prescription drug benefit under title XVIII 
of the Social Security Act to pharmacists; and 
(2) staff such telephone number in order to en-
sure that the average wait time for a caller does not 
exceed 20 minutes. 
(c) STATE HEALTH INSURANCE PROGRAM HOT-
LINE.—The Secretary of Health and Human Services 
shall— 
(1) establish a toll-free telephone number that 
is dedicated to providing information regarding the 
Medicare prescription drug benefit under title XVIII 
of the Social Security Act to counselors working in 
State health insurance counseling programs (receiv-
ing funding under section 4360 of the Omnibus 
Budget Reconciliation Act of 1990); and
(2) staff such telephone number in order to en-
sure that the average wait time for a caller does not 
exceed 20 minutes. 
SEC. 11. GAO STUDY AND REPORT ON THE IMPOSITION OF 
CO-PAYMENTS UNDER PART D FOR FULL- 
BENEFIT DUAL ELIGIBLE INDIVIDUALS RE-
SIDING IN A LONG-TERM CARE FACILITY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on how mental health pa-
tients who are full-benefit dual eligible individuals (as de-
fined in section 1935(c)(6) of the Social Security Act (42 
U.S.C. 1396u–5(c)(6))) and who reside in long-term care 
facilities, including licensed assisted living facilities, will 
be affected by the imposition of co-payments for covered 
part D drugs under part D of title XVIII of such Act. 
Such study shall include a review of issues that relate to 
the potential harm of displacement due to an inability to 
access needed medications because of such co-payments. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit a report to Congress on the 
study conducted under subsection (a), including rec-
ommendations for such legislation as the Comptroller Gen-
eral determines is appropriate.
SEC. 12. STATE COVERAGE OF NON-FORMULARY PRESCRIP-
TION DRUGS FOR FULL-BENEFIT DUAL ELIGI-
BLE INDIVIDUALS DURING 2006. 
(a) STATE COVERAGE OF NON-FORMULARY PRE-
SCRIPTION DRUGS FOR FULL-BENEFIT DUAL ELIGIBLE 
INDIVIDUALS DURING 2006.—For prescriptions filled 
during 2006, notwithstanding section 1935(d) of the So-
cial Security Act (42 U.S.C. 1396v(d)), a State (as de-
fined for purposes of title XIX of such Act) may provide 
(and receive Federal financial participation for) medical 
assistance under such title with respect to prescription 
drugs provided to a full-benefit dual eligible individual (as 
defined in section 1935(c)(6) of such Act (42 U.S.C. 
1396v(c)(6)) that are not on the formulary of the prescrip-
tion drug plan under part D or the MA–PD plan under 
part C of title XVIII of such Act in which such individual 
is enrolled. 
(b) APPLICATION.— 
(1) MEDICARE AS PRIMARY PAYER.—Nothing in 
subsection (a) shall be construed as changing or af-
fecting the primary payer status of a prescription 
drug plan under part D or an MA–PD plan under 
part C of title XVIII of the Social Security Act with 
respect to prescription drugs furnished to any full- 
benefit dual eligible individual (as defined in section
1935(c)(6) of such Act (42 U.S.C. 1396v(c)(6)) dur-
ing 2006. 
(2) THIRD PARTY LIABILITY.—Nothing in sub-
section (a) shall be construed as limiting the author-
ity or responsibility of a State under section 
1902(a)(25) of the Social Security Act (42 U.S.C. 
1396a(a)(25)) to seek reimbursement from a pre-
scription drug plan, an MA–PD plan, or any other 
third party, of the costs incurred by the State in 
providing prescription drug coverage during 2006. 
SEC. 13. PROTECTION FOR FULL-BENEFIT DUAL ELIGIBLE 
INDIVIDUALS 
FROM 
PLAN 
TERMINATION 
PRIOR TO RECEIVING FUNCTIONING ACCESS 
IN A NEW PART D PLAN. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Health and Human Services 
shall not terminate coverage of a full-benefit dual eligible 
individual (as defined in section 1935(c)(6) of the Social 
Security Act (42 U.S.C. 1396v(c)(6)) unless such indi-
vidual has functioning access to a prescription drug plan 
under part D or an MA–PD plan under part C of title 
XVIII of such Act. Such access shall include entry of the 
individual into the computer system of such plan and an 
acknowledgment by the plan that the individual is eligible
for a full premium subsidy under section 1860D–14 of 
such Act (42 U.S.C. 1395w–114). 
(b) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act. 
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