109th CONGRESS
1st Session
S. 1778
IN THE HOUSE OF REPRESENTATIVES
September 29, 2005
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
AN ACT
To extend medicare cost-sharing for qualifying individuals through
September 2006, to extend the Temporary Assistance for Needy Families Program,
transitional medical assistance under the Medicaid Program, and related
programs through March 31, 2006, and for other purposes.
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 `Medicare Cost-Sharing and Welfare Extension
Act of 2005'.
SEC. 2. EXTENSION OF QI PROGRAM THROUGH SEPTEMBER 2006.
(a) IN GENERAL- Section 1902(a)(10)(E)(iv) of the Social Security Act (42
U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking `September 2005' and
inserting `September 2006'.
(b) TOTAL AMOUNT AVAILABLE FOR ALLOCATION- Section 1933(g)(2) of such Act
(42 U.S.C. 1396u-3(g)(2)) is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and inserting
`; and'; and
(3) by adding at the end the following new subparagraphs:
`(D) for the period that begins on October 1, 2005, and ends on December
31, 2005, the total allocation amount is $100,000,000; and
`(E) for the period that begins on January 1, 2006, and ends on September
30, 2006, the total allocation amount is $300,000,000.'.
SEC. 3. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT PROGRAM, TRANSITIONAL MEDICAL ASSISTANCE, AND RELATED PROGRAMS THROUGH
MARCH 31, 2006.
(a) In General- Activities authorized by part A of title IV of the Social
Security Act, and by sections 510, 1108(b), and 1925 of such Act, shall
continue through March 31, 2006, in the manner authorized for fiscal year
2005, notwithstanding section 1902(e)(1)(A) of such Act, and out of any
money in the Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such purpose.
Grants and payments may be made pursuant to this authority through the second
quarter of fiscal year 2006 at the level provided for such activities through
the second quarter of fiscal year 2005.
(b) Conforming Amendment- Section 403(a)(3)(H)(ii) of the Social Security
Act (42 U.S.C. 603(a)(3)(H)(ii)), as amended by section 2(b)(2)(A) of the
TANF Emergency Response and Recovery Act of 2005 (Public Law 109-68), is
amended by striking `December 31, 2005' and inserting `March 31, 2006'.
(c) Extension of the National Random Sample Study of Child Welfare and Child
Welfare Waiver Authority Through March 31, 2006- Activities authorized by
sections 429A and 1130(a) of the Social Security Act shall continue through
March 31, 2006, in the manner authorized for fiscal year 2005, and out of
any money in the Treasury of the United States not otherwise appropriated,
there are hereby appropriated such sums as may be necessary for such purpose.
Grants and payments may be made pursuant to this authority through the second
quarter of fiscal year 2006 at the level provided for such activities through
the second quarter of fiscal year 2005.
SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE MEDICAID AND MEDICARE PROGRAMS.
(a) Exclusion Under Medicare Beginning in 2007- Section 1860D-2(e)(2)(A)
of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by
inserting `and, only with respect to 2006, other than subparagraph (K) (relating
to agents when used to treat sexual or erectile dysfunction, unless such
agents are used to treat a condition, other than sexual or erectile dysfunction,
for which the agent has been approved by the Food and Drug Administration)'
after `agents)'.
(b) Restriction Under Medicaid-
(1) IN GENERAL- Section 1927(d)(2) of the Social Security Act (42 U.S.C.
1396r-8(d)(2)) is amended by adding at the end the following new subparagraph:
`(K) Agents when used to treat sexual or erectile dysfunction, except
that such exclusion or other restriction shall not apply in the case
of such agents when used to treat a condition, other than sexual or
erectile dysfunction, for which the agent has been approved by the Food
and Drug Administration.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply
to drugs dispensed on or after the date that is 60 days after the date
of enactment of this Act.
(c) CLARIFICATION OF NO EFFECT ON DETERMINATION OF BASE EXPENDITURES- Section
1935(c)(3)(B)(ii)(II) of the Social Security Act (42 U.S.C. 1396v(c)(3)(B)(ii)(II))
is amended by inserting `, including drugs described in subparagraph (K)
of section 1927(d)(2)' after `1860D-2(e)'.
Passed the Senate September 29, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.
END
