PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2147
of the operation of this section an amount equal to the amount allotted to the State under subparagraph (C). ‘‘(B) PLAN.—The plan described in this subparagraph is a plan that— ‘‘(i) provides transitional assistance with respect to the provision of covered discount card drugs to some or all individuals who are entitled to benefits under part A or enrolled under part B, who reside in the State, and who have income below 135 percent of the poverty line; and ‘‘(ii) assures that amounts received by the State under this paragraph are used only for such assistance. ‘‘(C) ALLOTMENT LIMIT.—The amount described in this subparagraph for a State is equal to $35,000,000 multiplied by the ratio (as estimated by the Secretary) of— ‘‘(i) the number of individuals who are entitled to benefits under part A or enrolled under part B and who reside in the State (as determined by the Secretary as of July 1, 2003), to ‘‘(ii) the sum of such numbers for all States to which this paragraph applies. ‘‘(D) CONTINUED AVAILABILITY OF FUNDS.—Amounts made available to a State under this paragraph which are not used under this paragraph shall be added to the amount available to that State for purposes of carrying out section 1935(e). ‘‘(k) FUNDING.— ‘‘(1) ESTABLISHMENT OF TRANSITIONAL ASSISTANCE ACCOUNT.— ‘‘(A) IN GENERAL.—There is created within the Federal Supplementary Medical Insurance Trust Fund established by section 1841 an account to be known as the ‘Transitional Assistance Account’ (in this subsection referred to as the ‘Account’). ‘‘(B) FUNDS.—The Account shall consist of such gifts and bequests as may be made as provided in section 201(i)(1), accrued interest on balances in the Account, and such amounts as may be deposited in, or appropriated to, the Account as provided in this subsection. ‘‘(C) SEPARATE FROM REST OF TRUST FUND.—Funds provided under this subsection to the Account shall be kept separate from all other funds within the Federal Supplementary Medical Insurance Trust Fund, but shall be invested, and such investments redeemed, in the same manner as all other funds and investments within such Trust Fund. ‘‘(2) PAYMENTS FROM ACCOUNT.— ‘‘(A) IN GENERAL.—The Managing Trustee shall pay from time to time from the Account such amounts as the Secretary certifies are necessary to make payments for transitional assistance provided under subsections (g) and (j)(2). ‘‘(B) TREATMENT IN RELATION TO PART B PREMIUM.— Amounts payable from the Account shall not be taken into account in computing actuarial rates or premium amounts under section 1839.
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