117 STAT. 2168 42 USC 1395w–101 note.
PUBLIC LAW 108–173—DEC. 8, 2003
SEC. 106. STATE PHARMACEUTICAL ASSISTANCE TRANSITION COMMISSION.
(a) ESTABLISHMENT.— (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.
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