CERTIFICATION to Secretary ; Secretary revoking waiver granted under paragraph if State insurance commissioner submiting
Index of Sec 1189. ...DRUG coverage to part D eligible individual enrolled under program ; Provisions of paragraph of section 1860d-12(c) applying without regard to paragraph of section in case of Pace program electing to provide qualified prescription
Index of Sec 1189. ...FRAUD and Abuse ; Revocation of waiver upon finding of
Index of Sec 1189. ...INSURANCE commissioner ; Secretary only granting waiver under paragraph if Secretary receiving certification from State
Index of Sec 1189. ...CERTIFICATION to Secretary ; Secretary revoking waiver granted under paragraph if State insurance commissioner submiting
Index of Sec 1189. ...FRAUD and Abuse ; Revocation of waiver upon finding of
Index of Sec 1189. ...1st Session |
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, 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
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) In general.—Section 1860D–12(c) of the Social Security Act (42 U.S.C. 1395w–112(c)) is amended—
(1) in paragraph (1)(A), by striking “In the case” and inserting “Subject to paragraph (5), in the case”; and
(2) by adding at the end the following new paragraph:
“(5) STATE CERTIFICATION REQUIRED.—
“(A) IN GENERAL.—Except as provided in section 1860D–21(f)(4), the Secretary may only grant a waiver under paragraph (1)(A) if the Secretary has received a certification from the State insurance commissioner that the prescription drug plan has a substantially complete application pending in the State.
“(B) REVOCATION OF WAIVER UPON FINDING OF FRAUD AND ABUSE.—The Secretary shall revoke a waiver granted under paragraph (1)(A) if the State insurance commissioner submits a certification to the Secretary that the recipient of such a waiver—
“(i) has committed fraud or abuse with respect to such waiver;
“(ii) has failed to make a good faith effort to satisfy State licensing requirements; or
“(iii) was determined ineligible for licensure by the State.”.
(b) Exception for PACE programs.—Section 1860D–21(f) of such Act (42 U.S.C. 1395w–131(f)) is amended—
(1) in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “the succeeding paragraphs”; and
(2) by adding at the end the following new paragraph:
“(4) INAPPLICABILITY OF CERTAIN LICENSURE WAIVER REQUIREMENTS.—The provisions of paragraph (1) of section 1860D–12(c) (relating to waiver of licensure under certain circumstances) shall apply without regard to paragraph (5) of such section in the case of a PACE program that elects to provide qualified prescription drug coverage to a part D eligible individual who is enrolled under such program.”.
(b) Effective date.—The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2010.