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1 SEC. 1195. EXTENSION OF PAYMENT FOR TECHNICAL COM-

2 PONENT OF CERTAIN PHYSICIAN PATHOL-

3 OGY SERVICES.

4 Section 542(c) of the Medicare, Medicaid, and


5 SCHIP Benefits Improvement and Protection Act of 2000
6 (as enacted into law by section 1(a)(6) of Public Law 106–
7 554), as amended by section 732 of the Medicare Prescrip-
8 tion Drug, Improvement, and Modernization Act of 2003
9 (42 U.S.C. 1395w–4 note), section 104 of division B of
10 the Tax Relief and Health Care Act of 2006 (42 U.S.C.
11 1395w–4 note), section 104 of the Medicare, Medicaid,
12 and SCHIP Extension Act of 2007 (Public Law 110–
13 173), and section 136 of the Medicare Improvements for
14 Patients and Providers Act of 1008 (Public Law 110–
15 275), is amended by striking ‘‘and 2009’’ and inserting
16 ‘‘2009, 2010, and 2011’’.
17 SEC. 1196. EXTENSION OF AMBULANCE ADD-ONS.

18 (a) IN GENERAL.—Section 1834(l)(13) of the Social


19 Security Act (42 U.S.C. 1395m(l)(13)) is amended—
20 (1) in subparagraph (A)—
21 (A) in the matter preceding clause (i), by
22 striking ‘‘before January 1, 2010’’ and insert-
23 ing ‘‘before January 1, 2012’’; and
24 (B) in each of clauses (i) and (ii), by strik-
25 ing ‘‘before January 1, 2010’’ and inserting
26 ‘‘before January 1, 2012’’.
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1 (b) AIR AMBULANCE IMPROVEMENTS.—Section
2 146(b)(1) of the Medicare Improvements for Patients and
3 Providers Act of 2008 (Public Law 110–275) is amended
4 by striking ‘‘ending on December 31, 2009’’ and inserting
5 ‘‘ending on December 31, 2011’’.
6 TITLE II—MEDICARE
7 BENEFICIARY IMPROVEMENTS
8 Subtitle A—Improving and Simpli-
9 fying Financial Assistance for
10 Low Income Medicare Bene-
11 ficiaries
12 SEC. 1201. IMPROVING ASSETS TESTS FOR MEDICARE SAV-

13 INGS PROGRAM AND LOW-INCOME SUBSIDY

14 PROGRAM.

15 (a) APPLICATION OF HIGHEST LEVEL PERMITTED


16 UNDER LIS TO ALL SUBSIDY ELIGIBLE INDIVIDUALS.—
17 (1) IN GENERAL.—Section 1860D–14(a)(1) of
18 the Social Security Act (42 U.S.C. 1395w–
19 114(a)(1)) is amended in the matter before subpara-
20 graph (A), by inserting ‘‘(or, beginning with 2012,
21 paragraph (3)(E))’’ after ‘‘paragraph (3)(D)’’.
22 (2) ANNUAL INCREASE IN LIS RESOURCE

23 TEST.—Section 1860D–14(a)(3)(E)(i) of such Act


24 (42 U.S.C. 1395w–114(a)(3)(E)(i)) is amended—

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1 (A) by striking ‘‘and’’ at the end of sub-
2 clause (I);
3 (B) in subclause (II), by inserting ‘‘(before
4 2012)’’ after ‘‘subsequent year’’;
5 (C) by striking the period at the end of
6 subclause (II) and inserting a semicolon;
7 (D) by inserting after subclause (II) the
8 following new subclauses:
9 ‘‘(III) for 2012, $17,000 (or
10 $34,000 in the case of the combined
11 value of the individual’s assets or re-
12 sources and the assets or resources of
13 the individual’s spouse); and
14 ‘‘(IV) for a subsequent year, the
15 dollar amounts specified in this sub-
16 clause (or subclause (III)) for the pre-
17 vious year increased by the annual
18 percentage increase in the consumer
19 price index (all items; U.S. city aver-
20 age) as of September of such previous
21 year.’’; and
22 (E) in the last sentence, by inserting ‘‘or
23 (IV)’’ after ‘‘subclause (II)’’.

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1 (3) APPLICATION OF LIS TEST UNDER MEDI-

2 CARE SAVINGS PROGRAM.—Section 1905(p)(1)(C) of


3 such Act (42 U.S.C. 1396d(p)(1)(C)) is amended—
4 (A) by striking ‘‘effective beginning with
5 January 1, 2010’’ and inserting ‘‘effective for
6 the period beginning with January 1, 2010, and
7 ending with December 31, 2011’’; and
8 (B) by inserting before the period at the
9 end the following: ‘‘or, effective beginning with
10 January 1, 2012, whose resources (as so deter-
11 mined) do not exceed the maximum resource
12 level applied for the year under subparagraph
13 (E) of section 1860D–14(a)(3) (determined
14 without regard to the life insurance policy ex-
15 clusion provided under subparagraph (G) of
16 such section) applicable to an individual or to
17 the individual and the individual’s spouse (as
18 the case may be)’’.
19 (b) EFFECTIVE DATE.—The amendments made by
20 subsection (a) shall apply to eligibility determinations for
21 income-related subsidies and medicare cost-sharing fur-
22 nished for periods beginning on or after January 1, 2012.

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1 SEC. 1202. ELIMINATION OF PART D COST-SHARING FOR

2 CERTAIN NON-INSTITUTIONALIZED FULL-

3 BENEFIT DUAL ELIGIBLE INDIVIDUALS.

4 (a) IN GENERAL.—Section 1860D–14(a)(1)(D)(i) of


5 the Social Security Act (42 U.S.C. 1395w–
6 114(a)(1)(D)(i)) is amended—
7 (1) by striking ‘‘INSTITUTIONALIZED INDIVID-

8 UALS.—In’’ and inserting ‘‘ELIMINATION OF COST-

9 SHARING FOR CERTAIN FULL-BENEFIT DUAL ELIGI-

10 BLE INDIVIDUALS.—

11 ‘‘(I) INSTITUTIONALIZED INDI-

12 VIDUALS.—In’’; and
13 (2) by adding at the end the following new sub-
14 clause:
15 ‘‘(II) CERTAIN OTHER INDIVID-

16 UALS.—In the case of an individual


17 who is a full-benefit dual eligible indi-
18 vidual and with respect to whom there
19 has been a determination that but for
20 the provision of home and community
21 based care (whether under section
22 1915, 1932, or under a waiver under
23 section 1115) the individual would re-
24 quire the level of care provided in a
25 hospital or a nursing facility or inter-
26 mediate care facility for the mentally
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1 retarded the cost of which could be re-
2 imbursed under the State plan under
3 title XIX, the elimination of any bene-
4 ficiary coinsurance described in sec-
5 tion 1860D–2(b)(2) (for all amounts
6 through the total amount of expendi-
7 tures at which benefits are available
8 under section 1860D–2(b)(4)).’’.
9 (b) EFFECTIVE DATE.—The amendments made by
10 subsection (a) shall apply to drugs dispensed on or after
11 January 1, 2011.
12 SEC. 1203. ELIMINATING BARRIERS TO ENROLLMENT.

13 (a) ADMINISTRATIVE VERIFICATION OF INCOME AND

14 RESOURCES UNDER THE LOW-INCOME SUBSIDY PRO-


15 GRAM.—

16 (1) IN GENERAL.—Clause (iii) of section


17 1860D–14(a)(3)(E) of the Social Security Act (42
18 U.S.C. 1395w–114(a)(3)(E)) is amended to read as
19 follows:
20 ‘‘(iii) CERTIFICATION OF INCOME AND

21 RESOURCES.—For purposes of applying


22 this section—
23 ‘‘(I) an individual shall be per-
24 mitted to apply on the basis of self-

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391
1 certification of income and resources;
2 and
3 ‘‘(II) matters attested to in the
4 application shall be subject to appro-
5 priate methods of verification without
6 the need of the individual to provide
7 additional documentation, except in
8 extraordinary situations as determined
9 by the Commissioner.’’.
10 (2) EFFECTIVE DATE.—The amendment made
11 by paragraph (1) shall apply beginning January 1,
12 2010.
13 (b) DISCLOSURES TO FACILITATE IDENTIFICATION
14 OF INDIVIDUALS LIKELY TO BE INELIGIBLE FOR THE

15 LOW-INCOME ASSISTANCE UNDER THE MEDICARE PRE-


16 SCRIPTION DRUG PROGRAM TO ASSIST SOCIAL SECURITY
17 ADMINISTRATION’S OUTREACH TO ELIGIBLE INDIVID-
18 UALS.—For provision authorizing disclosure of return in-
19 formation to facilitate identification of individuals likely
20 to be ineligible for low-income subsidies under Medicare
21 prescription drug program, see section 1801.

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1 SEC. 1204. ENHANCED OVERSIGHT RELATING TO REIM-

2 BURSEMENTS FOR RETROACTIVE LOW IN-

3 COME SUBSIDY ENROLLMENT.

4 (a) IN GENERAL.—In the case of a retroactive LIS


5 enrollment beneficiary who is enrolled under a prescription
6 drug plan under part D of title XVIII of the Social Secu-
7 rity Act (or an MA–PD plan under part C of such title),
8 the beneficiary (or any eligible third party) is entitled to
9 reimbursement by the plan for covered drug costs incurred
10 by the beneficiary during the retroactive coverage period
11 of the beneficiary in accordance with subsection (b) and
12 in the case of such a beneficiary described in subsection
13 (c)(4)(A)(i), such reimbursement shall be made automati-
14 cally by the plan upon receipt of appropriate notice the
15 beneficiary is eligible for assistance described in such sub-
16 section (c)(4)(A)(i) without further information required
17 to be filed with the plan by the beneficiary.
18 (b) ADMINISTRATIVE REQUIREMENTS RELATING TO

19 REIMBURSEMENTS.—
20 (1) LINE-ITEM DESCRIPTION.—Each reimburse-
21 ment made by a prescription drug plan or MA–PD
22 plan under subsection (a) shall include a line-item
23 description of the items for which the reimbursement
24 is made.
25 (2) TIMING OF REIMBURSEMENTS.—A prescrip-
26 tion drug plan or MA–PD plan must make a reim-
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