CHAPTER 1
SB 392-FN-A – FINAL VERSION
2006 SESSION
10/01
SENATE BILL 392-FN-A
AN ACT relative to the payment of Medicare Part D phased-down state contribution, known as “clawback.”
SPONSORS: Sen. Morse, Dist 22; Sen. Clegg, Dist 14; Sen. Larsen Dist 15; Rep. King, Coos 1; Rep. O’Neil, Rock 15; Rep. Craig, Hills 9
This bill makes an appropriation to the department of health and human services for the purpose of making payments to the federal Centers for Medicaid and Medicare Services which are required under the Medicare Part D for phased-down state contribution, known as “clawback.”
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-3035
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the payment of Medicare Part D phased-down state contribution, known as “clawback.”
Be it Enacted by the Senate and House of Representatives in General Court convened:
1:1 Appropriation; Department of Health and Human Services; Medicare Part D Clawback Payments. The sums of $13,470,651 for the fiscal year beginning July 1, 2005 and $30,148,637 for the fiscal year beginning July 1, 2006 are hereby appropriated to the department of health and human services for the purpose of payment of Medicare Part D premiums to the Centers for Medicare and Medicaid Services of phased-down state contribution, also known as the “clawback.” The sums appropriated under this section shall not be transferred or expended for any other purpose. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
1:2 Repeal. 2005, 177:122, relative to an appropriation to the revenue stabilization reserve account and the suspension of payments to federal Medicare Part D program, is repealed.
1:3 Reports. The commissioner of health and human services shall report monthly, or as otherwise directed by the fiscal committee of the general court, to the fiscal committee, the speaker of the house of representatives, and the senate president of the amounts of the monthly payments and the schedule for such payments to the Centers for Medicare and Medicaid Services with sums appropriated by this act, and any other matters related to the state’s obligations under the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (Medicare Part D).
1:4 Legal Action. Nothing in this act shall preclude the state from joining any legal action challenging the legality of the federal government requiring a clawback payment for dual eligibles under Medicare Part D.
1:5 Effective Date. This act shall take effect upon its passage.
(Approved: January 6, 2006)
(Effective: January 6, 2006)