text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Comprehensive Immunosuppressive Drug 
  Coverage for Kidney Transplant Patients Act of 2007''.
  
  SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS 
                UNDER THE MEDICARE PROGRAM FOR KIDNEY TRANSPLANT 
                RECIPIENTS.
  
      (a) Continued Entitlement to Immunosuppressive Drugs.--
              (1) Kidney transplant recipients.--Section 226A(b)(2) of 
          the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by 
          inserting ``(except for coverage of immunosuppressive drugs 
          under section 1861(s)(2)(J))'' after ``shall end''.
              (2) Application.--Section 1836 of the Social Security Act 
          (42 U.S.C. 1395o) is amended--
                      (A) by striking ``Every individual who'' and 
                  inserting ``(a) In General.--Every individual who''; 
                  and
                      (B) by adding at the end the following new 
                  subsection:
      ``(b) Special Rules Applicable to Individuals Only Eligible for 
  Coverage of Immunosuppressive Drugs.--
              ``(1) In general.--In the case of an individual whose 
          eligibility for benefits under this title has ended except for 
          the coverage of immunosuppressive drugs by reason of section 
          226A(b)(2), the following rules shall apply:
                      ``(A) The individual shall be deemed to be enrolled 
                  under this part for purposes of receiving coverage of 
                  such drugs.
                      ``(B) The individual shall be responsible for the 
                  full amount of the premium under section 1839 in order 
                  to receive such coverage.
                      ``(C) The provision of such drugs shall be subject 
                  to the application of--
                              ``(i) the deductible under section 1833(b); 
                          and
                              ``(ii) the coinsurance amount applicable 
                          for such drugs (as determined under this part).
                      ``(D) If the individual is an inpatient of a 
                  hospital or other entity, the individual is entitled to 
                  receive coverage of such drugs under this part.
              ``(2) Establishment of procedures in order to implement 
          coverage.--The Secretary shall establish procedures for--
                      ``(A) identifying beneficiaries that are entitled 
                  to coverage of immunosuppressive drugs by reason of 
                  section 226A(b)(2); and
                      ``(B) distinguishing such beneficiaries from 
                  beneficiaries that are enrolled under this part for the 
                  complete package of benefits under this part.''.
              (3) Technical amendment.--Subsection (c) of section 226A of 
          the Social Security Act (42 U.S.C. 426-1), as added by section 
          201(a)(3)(D)(ii) of the Social Security Independence and 
          Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 
          1497), is redesignated as subsection (d).
      (b) Extension of Secondary Payer Requirements for ESRD 
  Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 
  U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following 
  new sentence: ``With regard to immunosuppressive drugs furnished on or 
  after the date of enactment of the Comprehensive Immunosuppressive Drug 
  Coverage for Kidney Transplant Patients Act of 2007, this subparagraph 
  shall be applied without regard to any time limitation.''.
      (c) Effective Date.--The amendments made by this section shall 
  apply to drugs furnished on or after the date of enactment of this Act.
  
  SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS 
                FOR KIDNEY TRANSPLANT RECIPIENTS.
  
      (a) Application to Certain Health Insurance Coverage.--
              (1) In general.--Subpart 2 of part A of title XXVII of the 
          Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
          amended by adding at the end the following:
  
  ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT 
                RECIPIENTS.
  
      ``A group health plan (and a health insurance issuer offering 
  health insurance coverage in connection with a group health plan) shall 
  provide coverage of immunosuppressive drugs in connection with a kidney 
  transplant that is at least as comprehensive as the coverage provided 
  by such plan or issuer on the day before the date of enactment of the 
  Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant 
  Patients Act of 2007, and such requirement shall be deemed to be 
  incorporated into this section.''.
              (2) Conforming amendment.--Section 2721(b)(2)(A) of the 
          Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is 
          amended by inserting ``(other than section 2707)'' after 
          ``requirements of such subparts''.
      (b) Application to Group Health Plans and Group Health Insurance 
  Coverage Under the Employee Retirement Income Security Act of 1974.--
              (1) In general.--Subpart B of part 7 of subtitle B of title 
          I of the Employee Retirement Income Security Act of 1974 (29 
          U.S.C. 1185 et seq.) is amended by adding at the end the 
          following new section:
  
  ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT 
                RECIPIENTS.
  
      ``A group health plan (and a health insurance issuer offering 
  health insurance coverage in connection with a group health plan) shall 
  provide coverage of immunosuppressive drugs in connection with a kidney 
  transplant that is at least as comprehensive as the coverage provided 
  by such plan or issuer on the day before the date of enactment of the 
  Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant 
  Patients Act of 2007, and such requirement shall be deemed to be 
  incorporated into this section.''.
              (2) Conforming amendments.--
                      (A) Section 732(a) of the Employee Retirement 
                  Income Security Act of 1974 (29 U.S.C. 1191(a)) is 
                  amended by striking ``section 711'' and inserting 
                  ``sections 711 and 714''.
                      (B) The table of contents in section 1 of the 
                  Employee Retirement Income Security Act of 1974 is 
                  amended by inserting after the item relating to section 
                  713 the following new item:
  
  ``Sec. 714. Coverage of immunosuppressive drugs.''.
      (c) Application to Group Health Plans Under the Internal Revenue 
  Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code 
  of 1986 is amended--
              (1) in the table of sections, by inserting after the item 
          relating to section 9812 the following new item:
  
  ``Sec. 9813. Coverage of immunosuppressive drugs for kidney transplant 
                              recipients.'';
          and
              (2) by inserting after section 9812 the following:
  
  ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT 
                RECIPIENTS.
  
      ``A group health plan shall provide coverage of immunosuppressive 
  drugs in connection with a kidney transplant that is at least as 
  comprehensive as the coverage provided by such plan on the day before 
  the date of enactment of the Comprehensive Immunosuppressive Drug 
  Coverage for Kidney Transplant Patients Act of 2007, and such 
  requirement shall be deemed to be incorporated into this section.''.
      (d) Effective Date.--The amendments made by this section shall 
  apply to plan years beginning on or after January 1, 2008.
target: Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries.
  
  Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B. Makes him or her responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs.
  
  Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.
feat_title: A bill to amend title XVIII of the Social Security Act to provide continued entitlement to coverage for immunosuppressive drugs furnished to beneficiaries under the Medicare Program that have received a kidney transplant and whose entitlement to coverage would otherwise expire, and for other purposes.