§ 1320b–14. Outreach efforts to increase awareness of the availability of medicare cost-sharing and subsidies for low-income individuals under subchapter XVIII  


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  • (a) Outreach(1) In generalThe Commissioner of Social Security (in this section referred to as the “Commissioner”) shall conduct outreach efforts to—(A) identify individuals entitled to benefits under the medicare program under subchapter XVIII of this chapter who may be eligible for medical assistance for payment of the cost of medicare cost-sharing under the medicaid program pursuant to sections 1396a(a)(10)(E) and 1396u–3 of this title clause shall be available on October 1, 2008, and shall remain available until expended.

    (ii) Additional amount for low-income subsidy activities

    There are hereby appropriated to the Commissioner, out of any funds in the Treasury not otherwise appropriated, $24,800,000 for fiscal year 2009 to carry out low-income subsidy activities under section 1395w–114 of this title and the Medicare Savings Program (in accordance with this subsection), to remain available until expended. Such funds shall be in addition to the Social Security Administration’s Limitation on Administrative Expenditure appropriations for such fiscal year.

    (B) Subsequent funding under agreements(i) In generalEffective for fiscal years beginning on or after October 1, 2010, the Commissioner and the Secretary shall enter into an agreement which shall provide funding (subject to the amount appropriated under clause (ii)) to cover the administrative costs of the Commissioner’s activities under this subsection. Such agreement shall—(I) provide funds to the Commissioner for the full cost of the Social Security Administration’s work related to the Medicare Savings Program required under this section;(II) provide such funding quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary; and(III) require an annual accounting and reconciliation of the actual costs incurred and funds provided under this subsection.(ii) Appropriation

    There are hereby appropriated to the Secretary solely for the purpose of providing payments to the Commissioner pursuant to an agreement specified in clause (i) that is in effect, out of any funds in the Treasury not otherwise appropriated, not more than $3,000,000 for fiscal year 2011 and each fiscal year thereafter.

    (C) Limitation

    In no case shall funds from the Social Security Administration’s Limitation on Administrative Expenses be used to carry out activities related to the Medicare Savings Program. For fiscal years beginning on or after October 1, 2010, no such activities shall be undertaken by the Social Security Administration unless the agreement specified in subparagraph (B) is in effect and full funding has been provided to the Commissioner as specified in such subparagraph.

    (6) GAO analysis and report(A) AnalysisThe Comptroller General of the United States shall prepare an analysis of the impact of this subsection—(i) in increasing participation in the Medicare Savings Program, and(ii) on States and the Social Security Administration.(B) Report

    Not later than January 1, 2012, the Comptroller General shall submit to Congress, the Commissioner, and the Secretary a report on the analysis conducted under subparagraph (A).

    (7) Medicare Savings Program defined

    For purposes of this subsection, the term “Medicare Savings Program” means the program of medical assistance for payment of the cost of medicare cost-sharing under the Medicaid program pursuant to sections 1396a(a)(10)(E) and 1396u–3 of this title.

(Aug. 14, 1935, ch. 531, title XI, § 1144, as added Pub. L. 106–554, § 1(a)(6) [title IX, § 911(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–583; amended Pub. L. 108–173, title I, § 103(g), Dec. 8, 2003, 117 Stat. 2160; Pub. L. 110–275, title I, § 113(a), July 15, 2008, 122 Stat. 2503.)

Prior Provisions

Prior Provisions

A prior section 1320b–14, act Aug. 14, 1935, ch. 531, title XI, § 1144, as added Pub. L. 103–66, title XIII, § 13581(a), Aug. 10, 1993, 107 Stat. 609; Pub. L. 105–34, title XV, § 1503(e), Aug. 5, 1997, 111 Stat. 1063, related to Medicare and Medicaid Coverage Data Bank, prior to repeal by Pub. L. 104–226, § 1(a), Oct. 2, 1996, 110 Stat. 3033.

Amendments

Amendments

2008—Subsec. (c). Pub. L. 110–275 added subsec. (c).

2003—Pub. L. 108–173, § 103(g)(1), inserted “and subsidies for low-income individuals under subchapter XVIII” after “cost-sharing” in section catchline.

Subsec. (a)(1)(A). Pub. L. 108–173, § 103(g)(2)(A)(i), inserted “for the transitional assistance under section 1395w–141(f) of this title, or for premium and cost-sharing subsidies under section 1395w–114 of this title” before semicolon.

Subsec. (a)(1)(B). Pub. L. 108–173, § 103(g)(2)(A)(ii), inserted “, program, and subsidies” after “medical assistance”.

Subsec. (a)(2). Pub. L. 108–173, § 103(g)(2)(B)(i), inserted “, the transitional assistance under section 1395w–141(f) of this title, or premium and cost-sharing subsidies under section 1395w–114 of this title” after “assistance” in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 108–173, § 103(g)(2)(B)(ii), substituted “eligibility for medicare cost-sharing under the medicaid program” for “such eligibility”.

Subsec. (b)(1)(A). Pub. L. 108–173, § 103(g)(3)(A), inserted “, for transitional assistance under section 1395w–141(f) of this title, or for premium and cost-sharing subsidies for low-income individuals under section 1395w–114 of this title” after “1396u–3 of this title”.

Subsec. (b)(2). Pub. L. 108–173, § 103(g)(3)(B), inserted “, program, and subsidies” after “medical assistance”.

Effective Date Of Amendment

Effective Date of 2008 Amendment

Pub. L. 110–275, title I, § 113(c), July 15, 2008, 122 Stat. 2506, provided that: “Except as otherwise provided, the amendments made by this section [amending this section and section 1396u–5 of this title] shall take effect on January 1, 2010.”

Effective Date

Effective Date

Pub. L. 106–554, § 1(a)(6) [title IX, § 911(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–584, provided that: “The amendments made by subsection (a) [enacting this section and amending section 1396d of this title] shall take effect one year after the date of the enactment of this Act [Dec. 21, 2000].”

Miscellaneous

GAO Report

Pub. L. 106–554, § 1(a)(6) [title IX, § 911(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–584, provided that: “The Comptroller General of the United States shall conduct a study of the impact of section 1144 of the Social Security Act [42 U.S.C. 1320b–14] (as added by subsection (a)(1)) on the enrollment of individuals for medicare cost-sharing under the medicaid program. Not later than 18 months after the date that the Commissioner of Social Security first conducts outreach under section 1144 of such Act, the Comptroller General shall submit to Congress a report on such study. The report shall include such recommendations for legislative changes as the Comptroller General deems appropriate.”