117 STAT. 2154
PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(B) CONSIDERATIONS.—Such payment may take into consideration the costs of the physician in implementing such a program and may also be increased for those participating physicians who significantly increase— ‘‘(i) formulary compliance; ‘‘(ii) lower cost, therapeutically equivalent alternatives; ‘‘(iii) reductions in adverse drug interactions; and ‘‘(iv) efficiencies in filing prescriptions through reduced administrative costs. ‘‘(C) STRUCTURE.—Additional or increased payments under this subsection may be structured in the same manner as medication therapy management fees are structured under section 1860D–4(c)(2)(E).’’. (c) OTHER CONFORMING AMENDMENTS.— (1) Section 1851(a)(1) (42 U.S.C. 1395w–21(a)(1)) is amended— (A) by inserting ‘‘(other than qualified prescription drug benefits)’’ after ‘‘benefits’’; (B) by striking the period at the end of subparagraph (B) and inserting a comma; and (C) by adding after and below subparagraph (B) the following: ‘‘and may elect qualified prescription drug coverage in accordance with section 1860D–1.’’. (2) EFFECTIVE DATE.—The amendments made by this subsection shall apply on and after January 1, 2006.
42 USC 1395w–21 note.
SEC. 103. MEDICAID AMENDMENTS.
42 USC 1396v.
(a) DETERMINATIONS OF ELIGIBILITY FOR LOW-INCOME SUBSIDIES.— (1) REQUIREMENT.—Section 1902(a) (42 U.S.C. 1396a(a)) is amended— (A) by striking ‘‘and’’ at the end of paragraph (64); (B) by striking the period at the end of paragraph (65) and inserting ‘‘; and’’; and (C) by inserting after paragraph (65) the following new paragraph: ‘‘(66) provide for making eligibility determinations under section 1935(a).’’. (2) NEW SECTION.—Title XIX is further amended— (A) by redesignating section 1935 as section 1936; and (B) by inserting after section 1934 the following new section: ‘‘SPECIAL
42 USC 1396u–5.
VerDate 11-MAY-2000
13:59 Aug 30, 2004
PROVISIONS RELATING TO MEDICARE PRESCRIPTION DRUG BENEFIT
1935. (a) REQUIREMENTS RELATING TO MEDICARE PRESCRIPTION DRUG LOW-INCOME SUBSIDIES AND MEDICARE TRANSITIONAL PRESCRIPTION DRUG ASSISTANCE.—As a condition of its State plan under this title under section 1902(a)(66) and receipt of any Federal financial assistance under section 1903(a), a State shall do the following: ‘‘(1) INFORMATION FOR TRANSITIONAL PRESCRIPTION DRUG ASSISTANCE VERIFICATION.—The State shall provide the Secretary with information to carry out section 1860D– 31(f)(3)(B)(i).
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