Page:United States Statutes at Large Volume 122.djvu/2529

 12 2 STA T . 2 506PUBLIC LA W 110 – 2 7 5 —J UL Y 15, 200 8‘ ‘ (A) A NALYSI S .—TheComptr o l ler G e n er a lo f the U n i te dS tate s shall prepare an anal y sis of the impa c t of this s ub section— ‘‘(i) in increasin g participation in the M edicare Sa v ings P rogram , and ‘‘(ii) on States and the Social Security Administra - tion. ‘‘( B ) REPORT .— N ot later than J anuary 1, 20 12, the Comptroller General shall submit to Congress, the Commis- sioner, and the Secretary a report on the analysis conducted under subparagraph (A). ‘‘( 7 )ME D I C ARE SA V IN G S PROGRA M DE F INED.— F or purposes of this subsection, the term ‘Medicare Savings Program ’ means the program of medical assistance for payment of the cost of medicare cost-sharing under the Medicaid program pursuant to sections 1 9 02(a)(10)( E )and19 3 3.’’. (b) MEDICAID AGENCY CONSIDERATION OF D ATA TRANSMITTAL.— (1) I N GENERAL.—Section 193 5 (a) of such Act ( 4 2 U.S.C. 139 6 u – 5(a)) is amended by adding at the end the follo w ing new paragraph

‘‘(4) CONSIDERATION OF DATA TRANSMITTED B YT H E SOCIAL SEC U RITY ADMINISTRATION FOR PURPOSES OF MEDICARE SAVINGS PROGRAM.—The State shall accept data transmitted under sec- tion 1144(c)(3) and act on such data in the same manner and in accordance with the same deadlines as if the data constituted an initiation of an application for benefits under the Medicare Savings Program (as defined for purposes of such section) that had been submitted directly by the applicant. The date of the individual’s application for the low income subsidy program from which the data have been derived shall constitute the date of filing of such application for benefits under the Medicare Savings Program.’’. (2) CONFORMING AMENDMENTS.—Section 1935(a) of such Act (42 U.S.C. 1396u–5(a)) is amended in the subsection heading by stri k ing ‘‘AND’’ and by inserting ‘‘, AND MEDICARE COST-SHARING’’ after ‘‘ASSISTANCE’’. (c) EFFECTIVE DATE.—E x cept as otherwise provided, the amend- ments made by this section shall take effect on January 1, 2010. SEC.1 1 4 . E LIM I NAT I O NO F ME D ICA R E P ART D LATE ENROLLMENT PENALTIES PAID BY S U BSIDY ELI G IBLE INDI V IDUALS. (a) W AIVER OF L ATE ENROLLMENT PENALTY.— (1) IN GENERAL.—Section 1 8 60D–13(b) of the Social Secu- rity Act (42 U.S.C. 1395w–113(b)) is amended by adding at the end the following new paragraph: ‘‘(8) WAIVER OF PENALTY FOR SUBSIDY-ELIGIBLE INDIVID- UALS.—In no case shall a part D eligible individual who is determined to be a subsidy eligible individual (as defined in section 1860D–14(a)(3)) be sub j ect to an increase in the monthly beneficiary premium established under subsection (a).’’. (2) CONFORMING AMENDMENT.—Section 1860D–14(a)(1)(A) of the Social Security Act (42 U.S.C. 1395w–114(a)(1)(A)) is amended by striking ‘‘e q ual to’’ and all that follows through the period and inserting ‘‘equal to 100 percent of the amount described in subsection (b)(1), but not to exceed the premium amount specified in subsection (b)(2)(B).’’. 42USC13 2 0b– 14 note.

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