PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2133
‘‘(A) IN GENERAL.—The term ‘discount card eligible individual’ means an individual who— ‘‘(i) is entitled to benefits, or enrolled, under part A or enrolled under part B; and ‘‘(ii) subject to paragraph (4), is not an individual described in subparagraph (B). ‘‘(B) INDIVIDUAL DESCRIBED.—An individual described in this subparagraph is an individual described in subparagraph (A)(i) who is enrolled under title XIX (or under a waiver under section 1115 of the requirements of such title) and is entitled to any medical assistance for outpatient prescribed drugs described in section 1905(a)(12). ‘‘(2) TRANSITIONAL ASSISTANCE ELIGIBLE INDIVIDUAL.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the term ‘transitional assistance eligible individual’ means a discount card eligible individual who resides in one of the 50 States or the District of Columbia and whose income (as determined under subsection (f)(1)(B)) is not more than 135 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act, 42 U.S.C. 9902(2), including any revision required by such section) applicable to the family size involved (as determined under subsection (f)(1)(B)). ‘‘(B) EXCLUSION OF INDIVIDUALS WITH CERTAIN PRESCRIPTION DRUG COVERAGE.—Such term does not include an individual who has coverage of, or assistance for, covered discount card drugs under any of the following: ‘‘(i) A group health plan or health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), other than coverage under a plan under part C and other than coverage consisting only of excepted benefits (as defined in such section). ‘‘(ii) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). ‘‘(iii) A plan under chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits program). ‘‘(3) SPECIAL TRANSITIONAL ASSISTANCE ELIGIBLE INDIVIDUAL.—The term ‘special transitional assistance eligible individual’ means a transitional assistance eligible individual whose income (as determined under subsection (f)(1)(B)) is not more than 100 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act, 42 U.S.C. 9902(2), including any revision required by such section) applicable to the family size involved (as determined under subsection (f)(1)(B)). ‘‘(4) TREATMENT OF MEDICAID MEDICALLY NEEDY.—For purposes of this section, the Secretary shall provide for appropriate rules for the treatment of medically needy individuals described in section 1902(a)(10)(C) as discount card eligible individuals and as transitional assistance eligible individuals. ‘‘(c) ENROLLMENT AND ENROLLMENT FEES.— ‘‘(1) ENROLLMENT PROCESS.—The Secretary shall establish a process through which a discount card eligible individual
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