[House Report 106-705]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-705
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PROVIDING FOR THE CONSIDERATION OF H.R. 4680, THE MEDICARE RX 2000 ACT
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June 28, 2000.--Referred to the House Calendar and ordered to be
printed
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Mr. Goss, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res 539]
The Committee on Rules, having had under consideration
House Resolution 539, by a record vote of 7 of 1, report the
same to the House with the recommendation that the resolution
be adopted.
summary of provisions of the resolution
The resolution provides for the consideration in the House
of H.R. 4680, the Medicare Rx 2000 Act, under a closed rule.
The rule provides two hours of debate equally divided among and
controlled by the chairmen and ranking minority members of the
Committees on Ways and Means and Commerce.
The rule waives all points of order against consideration
of the bill. The waiver of all points of order against
consideration of the bill includes a waiver of clause 4(a) of
rule XIII (requiring the three-day availability of the report),
and sections 303 (prohibiting consideration of legislation, as
reported, providing new budget authority, changes in revenues,
or changes in the public debt for a fiscal year until the
budget resolution for that year has been agreed to) and 401 of
the Congressional Budget Act of 1974 (prohibiting consideration
of legislation providing new entitlement authority which
becomes effective during the current fiscal year).
The rule provides that the amendment recommended by the
Committee on Ways and Means now printed in the bill, modified
by the amendment printed in the report, shall be considered as
adopted. The rule further provides that the Chair may postpone
further consideration of the bill until a time designated by
the Speaker. The rule provides one motion to recommit, with or
without instructions.
The rule also provides that, at any time on or before the
legislative day of Friday, June 30, 2000, it shall be in order
for the Speaker to entertain motions to suspend the rules with
respect to H.R. 3240 and H. Res. 535.
committee votes
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 112
Date: June 27, 2000.
Measure: H.R. 4680, the Medicare Rx 2000 Act.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment in the
nature of a substitute offered by Representatives Rangel and
Stark which provides that, starting in 2003, Medicare
beneficiaries have a choice between traditional Medicare or
Medicare HMO with defined benefit and provides that the defined
benefit is available everywhere in the country, and costs an
estimated $40 billion over 5 years.
Results: Defeated 1 to 7.
Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea;
Dreier--Nay.
Rules Committee record vote No. 113
Date: June 27, 2000.
Measure: H.R. 4680, the Medicare Rx 2000 Act.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment in the
nature of a substitute offered by Representatives Dingell and
Stark which provides that, starting in 2003, Medicare
beneficiaries have a choice of traditional Medicare or Medicare
HMO with defined benefit (or can keep current employer-provided
retiree coverage), and costs an estimated $100 billion over 5
years.
Results: Defeated 1 to 7.
Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea;
Dreier--Nay.
Rules Committee record vote No. 114
Date: June 27, 2000.
Measure: H.R. 4680, the Medicare Rx 2000 Act.
Motion by: Mr. Frost.
Summary of motion: To make in order en bloc: an amendment
by Representatives Allen, Thurman, Berry, Weygand, and
Schakowsky; an amendment by Representative Baldwin; two
amendments by Representative Capuano; an amendment by
Representative Cardin; an amendment by Representatives Emerson,
Berry, and Sanders; an amendment by Representative Sanders; an
amendment by Representative Tanner; and two amendments by
Representative Weygand.
Results: Defeated 1 to 7.
Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea;
Dreier--Nay.
Rules Committee record vote No. 115
Date: June 27, 2000.
Measure: H.R. 4680, the Medicare Rx 2000 Act.
Motion by: Mr. Goss.
Summary of motion: To report the rule providing for
consideration of H.R. 4680.
Results: Adopted 7 to 1.
Vote by Members: Goss--Yea; Price--Yea; Diaz-Balart--Yea;
Hastings--Yea; Sessions--Yea; Reynolds--Yea; Frost--Nay;
Dreier--Yea.
summary of amendment to be considered as adopted upon adoption of the
rule
Clarifies that covered prescription drugs include vaccines,
and the Medicare Benefits Administrator may provide for
coverage of specified drugs in classes that are otherwise
excluded (such as weight gain or loss drugs).
Makes technical amendments correcting cross-ference errors.
Limits to 30,000 the number of participants in the
demonstration project for disease management for severely
chronically ill medicare beneficiaries.
Adds a new section providing for a State Pharmaceutical
Assistance Transition Commission to develop a proposal to
respond to transitional issues confronting State pharmaceutical
assistance programs for low-income medicare beneficiaries.
Adds a new section that clarifies that the coverage and
appeals provisions in substitle C of title II do not take
effect until fiscal year 2001.
Adds a new section delaying from July to October, 2000 the
deadline for offering and withdrawing Medicare+Choice plans for
2001.
text of amendment to be considered as adopted upon adoption of the rule
Amend subparagraph (B) of section 1860B(f)(1) of the Social
Security Act, as inserted by section 101(a)(2) of the bill, to
read as follows:
``(B) a biological product described in
clauses (i) through (iii) of subparagraph (B)
of such section or insulin described in
subparagraph (C) of such section;
In section 1860B(f)(2)(A) of the Social Security Act, as
inserted by section 101(a)(2) of the bill, insert before the
period at the end the following: ``and except to the extent
otherwise specifically provided by the Medicare Benefits
Administrator with respect to a drug in any of such classes''.
In section 1860G(b)(2)(B) of the Social Security Act, as
inserted by section 101(a)(2) of the bill, strike
``1851(j)(4)(A)(iii)'' and ``1851(j)(4)(B)'' and insert
``1851(j)(5)(A)(iii)'' and ``1851(j)(5)(B)'', respectively.
In section 1935(e)(3)(B)(ii) of the Social Security Act, as
inserted by section 103(d)(1)(C) of the bill, strike
``1860(b)(5)'' and inserting ``1860B(b)(5)''.
In section 105(a) of the bill, add at the end the following:
``In no case may the number of participants in the project
exceed 30,000 at any time.''.
Redesignate section 105 as section 106 and insert after
section 104 the following new section (and conform the table of
contents accordingly):
SEC. 105. STATE PHARMACEUTICAL ASSISTANCE TRANSITION COMMISSION.
(a) Establishment.--
(1) In general.--There is established as of October
1, 2000, a State Pharmaceutical Assistance Transition
Commission (in this section referred to as the
``Commission'') to develop a proposal for addressing
the unique transitional issues facing State
pharmaceutical assistance programs, and program
participants, due to the implementation of the medicare
prescription drug program under part D of title XVIII
of the Social Security Act.
(2) Definitions.--For purposes of this section:
(A) State pharmaceutical assistance program
defined.--The term ``State pharmaceutical
assistance program'' means a program (other
than the medicaid program) operated by a State
(or under contract with a State) that provides
as of the date of the enactment of this Act
assistance to low-income medicare beneficiaries
for the purchase of prescription drugs.
(B) Program participant.--The term ``program
participant'' means a low-income medicare
beneficiary who is a participant in a State
pharmaceutical assistance program.
(b) Composition.--The Commission shall consist of the
following:
(1) A representative of each governor of each State
that the Secretary identifies as operating on a
statewide basis a State pharmaceutical assistance
program that provides for eligibility and benefits that
are comparable or more generous than the low-income
assistance eligibility and benefits offered under part
D of title XVIII of the Social Security Act.
(2) Representatives from other States that the
Secretary identifies have in operation other State
pharmaceutical assistance programs, as appointed by the
Secretary.
(3) Representatives of organizations that represent
the interests of program participants, as appointed by
the Secretary but not to exceed the number of
representatives under paragraphs (1) and (2).
(4) The Secretary (or the Secretary's designee).
The Secretary shall designate a member to serve as chair of the
Commission and the Commission shall meet at the call of the
chair.
(c) Development of Proposal.--The Commission shall develop
the proposal described in subsection (a) in a manner consistent
with the following principles:
(1) Protection of the interests of program
participants in a manner that is the least disruptive
to such participants.
(2) Protection of the financial interests of States
so that States are not financially worse off as a
result of the enactment of this title.
(d) Report.--By not later than July 1, 2001, the Commission
shall submit to the President and the Congress a report that
contains a detailed proposal (including specific legislative or
administrative recommendations, if any) and such other
recommendations as the Commission deems appropriate.
(e) Support.--The Secretary shall provide the Commission with
the administrative support services necessary for the
Commission to carry out its responsibilities under this
section.
(f) Termination.--The Commission shall terminate 30 days
after the date of submission of the report under subsection
(d).
Add at the end of subtitle C of title II the following new
section (and conform the table of contents accordingly):
SEC. 225. EFFECTIVE DATE OF SUBTITLE.
In no case shall the amendments made by this subtitle apply
before October 1, 2000.
Add at the end of subtitle A of title III the following new
section (and conform the table of contents accordingly):
SEC. 308. DELAY FROM JULY TO OCTOBER, 2000 IN DEADLINE FOR OFFERING AND
WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001.
Notwithstanding any other provision of law, the deadline for
a Medicare+Choice organization to withdraw the offering of a
Medicare+Choice plan under part C of title XVIII of the Social
Security Act (or otherwise to submit information required for
the offering of such a plan) for 2001 is delayed from July 1,
2000, to October 1, 2000, and any such organization that
provided notice of withdrawal of such a plan during 2000 before
the date of the enactment of this Act may rescind such
withdrawal at any time before October 1, 2000.