Savings for the Uninsured on Rx Expenses (SURE) Act of 2005 - Requires the Secretary of Health and Human Services to establish a prescription drug discount card program modeled on the Medicare drug discount card program to provide access to prescription drug discounts for eligible individuals.
Defines as "eligible" an individual who: (1) is a U.S. citizen, national, or alien lawfully admitted for permanent residence; (2) is not eligible for outpatient prescription drug coverage; and (3) is not eligible to enroll for prescription drug coverage under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act.
Applies the Medicare drug discount card program requirements related to enrollment and card features, with certain exceptions.
Requires a prescription drug card sponsor to disseminate information concerning the use of health savings accounts to cover the costs of prescriptions drugs for which discounts are provided. Directs the Secretary to require that sponsors demonstrate that they have a marketing plan to effectively reach out to eligible individuals.
Disallows judicial review of a determination not to endorse a prescription drug discount card program or not to enter into a contract with a sponsor.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3956 Introduced in House (IH)]
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
Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings for the Uninsured 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
sponsors for eligible individuals throughout the United States.
The program is modeled on the medicare prescription drug
discount card program under section 1860D-31 of the Social
Security Act, but without 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.--Nothing 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 &
Medicaid Services. The Secretary may promulgate regulations 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 otherwise permanently
residing in the United States under color of law;
(B) is not eligible for outpatient prescription
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 coverage.--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 program, under the medicaid
program or the State children'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 include coverage
under a high deductible plan or benefits under a health savings
account or flexible spending account.
(3) Covered discount card drug.--For purposes of this
section, the term ``covered discount card drug'' means at least
those drugs that are covered 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 enrollment 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 enrollment process
for eligible individuals;
(3) notwithstanding paragraph (2) of such subsection, the
annual enrollment fee shall not be prorated for any year and
shall continue for each year in which the program is in
operation under this section;
(4) there shall be no special provisions for transitional
assistance for eligible individuals; and
(5) the limitation on enrollment before January 1, 2006,
under paragraph (1)(A)(ii) of such subsection shall not apply.
(d) Provision of Information on Enrollment.--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 accounts 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 transitional
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 Programs; Disclosure and Oversight.--
(1) Application of certain provisions.--The provisions of
subsections (e) (other than paragraph (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
section, 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 prescription drug discount card
programs demonstrate that they have a marketing plan to reach
out effectively 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 programs of the Departments of Veterans
Affairs and Defense.
(f) Miscellaneous Provisions.--There shall be no judicial review of
a determination not to endorse a prescription drug discount card
program or not to enter into a contract with a prescription drug card
sponsor under this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committee 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committee 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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
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