TITLE I--MEDICARE PRESCRIPTION DRUG BENEFIT
SEC. 106. STATE PHARMACEUTICAL ASSISTANCE TRANSITION COMMISSION.
(1) IN GENERAL- There is established,
as of the first day of the third month beginning after the date of the enactment
of this Act, a State Pharmaceutical Assistance Transition Commission (in this
section referred to as the `Commission') to develop a proposal for addressing
the unique transitional issues facing State pharmaceutical assistance programs,
and program participants, due to the implementation of the voluntary prescription
drug benefit program under part D of title XVIII of the Social Security Act,
as added by section 101.
(2) DEFINITIONS- For purposes of this
section:
(A) STATE PHARMACEUTICAL ASSISTANCE
PROGRAM DEFINED- The term `State pharmaceutical assistance program' means
a program (other than the medicaid program) operated by a State (or under
contract with a State) that provides as of the date of the enactment of
this Act financial assistance to medicare beneficiaries for the purchase
of prescription drugs.
(B) PROGRAM PARTICIPANT- The
term `program participant' means a low-income medicare beneficiary who is
a participant in a State pharmaceutical assistance program.
(b) COMPOSITION- The Commission shall include
the following:
(1) A representative of each Governor
of each State that the Secretary identifies as operating on a statewide basis
a State pharmaceutical assistance program that provides for eligibility and
benefits that are comparable or more generous than the low-income assistance
eligibility and benefits offered under section 1860D-14 of the Social Security
Act.
(2) Representatives from other States
that the Secretary identifies have in operation other State pharmaceutical
assistance programs, as appointed by the Secretary.
(3) Representatives of organizations
that have an inherent interest in program participants or the program itself,
as appointed by the Secretary but not to exceed the number of representatives
under paragraphs (1) and (2).
(4) Representatives of Medicare Advantage
organizations, pharmaceutical benefit managers, and other private health insurance
plans, as appointed by the Secretary.
(5) The Secretary (or the Secretary's
designee) and such other members as the Secretary may specify.
The Secretary shall designate a member to serve as Chair of the Commission
and the Commission shall meet at the call of the Chair.
(c) DEVELOPMENT OF PROPOSAL- The Commission
shall develop the proposal described in subsection (a) in a manner consistent
with the following principles:
(1) Protection of the interests of
program participants in a manner that is the least disruptive to such participants
and that includes a single point of contact for enrollment and processing
of benefits.
(2) Protection of the financial and
flexibility interests of States so that States are not financially worse off
as a result of the enactment of this title.
(3) Principles of medicare modernization
under this Act.
(d) REPORT- By not later than January 1, 2005,
the Commission shall submit to the President and Congress a report that contains
a detailed proposal (including specific legislative or administrative recommendations,
if any) and such other recommendations as the Commission deems appropriate.
(e) SUPPORT- The Secretary shall provide the
Commission with the administrative support services necessary for the Commission
to carry out its responsibilities under this section.
(f) TERMINATION- The Commission shall terminate
30 days after the date of submission of the report under subsection (d).
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