PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2155
‘‘(2) ELIGIBILITY DETERMINATIONS FOR LOW-INCOME SUBSIDIES.—The State shall— ‘‘(A) make determinations of eligibility for premium and cost-sharing subsidies under and in accordance with section 1860D–14; ‘‘(B) inform the Secretary of such determinations in cases in which such eligibility is established; and ‘‘(C) otherwise provide the Secretary with such information as may be required to carry out part D, other than subpart 4, of title XVIII (including section 1860D– 14). ‘‘(3) SCREENING FOR ELIGIBILITY, AND ENROLLMENT OF, BENEFICIARIES FOR MEDICARE COST-SHARING.—As part of making an eligibility determination required under paragraph (2) for an individual, the State shall make a determination of the individual’s eligibility for medical assistance for any medicare cost-sharing described in section 1905(p)(3) and, if the individual is eligible for any such medicare cost-sharing, offer enrollment to the individual under the State plan (or under a waiver of such plan). ‘‘(b) REGULAR FEDERAL SUBSIDY OF ADMINISTRATIVE COSTS.— The amounts expended by a State in carrying out subsection (a) are expenditures reimbursable under the appropriate paragraph of section 1903(a).’’. (b) PHASED-IN FEDERAL ASSUMPTION OF MEDICAID RESPONSIBILITY FOR PREMIUM AND COST-SHARING SUBSIDIES FOR DUALLY ELIGIBLE INDIVIDUALS.—Section 1935, as inserted by subsection (a)(2), is amended by adding at the end the following new subsection: ‘‘(c) FEDERAL ASSUMPTION OF MEDICAID PRESCRIPTION DRUG COSTS FOR DUALLY ELIGIBLE INDIVIDUALS.— ‘‘(1) PHASED-DOWN STATE CONTRIBUTION.— ‘‘(A) IN GENERAL.—Each of the 50 States and the District of Columbia for each month beginning with January 2006 shall provide for payment under this subsection to the Secretary of the product of— ‘‘(i) the amount computed under paragraph (2)(A) for the State and month; ‘‘(ii) the total number of full-benefit dual eligible individuals (as defined in paragraph (6)) for such State and month; and ‘‘(iii) the factor for the month specified in paragraph (5). ‘‘(B) FORM AND MANNER OF PAYMENT.—Payment under subparagraph (A) shall be made in a manner specified by the Secretary that is similar to the manner in which State payments are made under an agreement entered into under section 1843, except that all such payments shall be deposited into the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund. ‘‘(C) COMPLIANCE.—If a State fails to pay to the Secretary an amount required under subparagraph (A), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section
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