Special provisions relating to medicare prescription drug benefit

42 U.S. Code § 1396u-5. Special provisions relating to medicare prescription drug benefit

(a) Requirements relating to medicare prescription drug low-income subsidies, medicare transitional prescription drug assistance, and medicare cost-sharingAs a condition of its State plan under this subchapter under section 1396a(a)(66) of this title and receipt of any Federal financial assistance under section 1396b(a) of this title subject to subsection (e), 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 1395w–141(f)(3)(B)(i) of this title.
(2) Eligibility determinations for low-income subsidiesThe State shall—
(A)
make determinations of eligibility for premium and cost-sharing subsidies under and in accordance with section 1395w–114 of this title;
(B)
inform the Secretary of such determinations in cases in which such eligibility is established; and
(C)
otherwise provide the Secretary with such information as may be required to carry out part D, other than subpart 4, of subchapter XVIII (including section 1395w–114 of this title).
(3) Screening for eligibility, and enrollment of, beneficiaries for medicare cost-sharing
As part of making an eligibility determination required under paragraph (2) for an individual, the State shall make a determination of the individual’s eligibility for medical assistance for any medicare cost-sharing described in section 1396d(p)(3) of this title and, if the individual is eligible for any such medicare cost-sharing, offer enrollment to the individual under the State plan (or under a waiver of such plan).
(4) Consideration of data transmitted by the Social Security Administration for purposes of Medicare Savings Program
The State shall accept data transmitted under section 1320b–14(c)(3) of this title 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.
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