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

(a) (1) The Commissioner must conduct outreach to (A) find Medicare beneficiaries who may qualify for Medicaid help with Medicare cost-sharing, transitional assistance under section 1395w–141(f), or premium and cost-sharing subsidies under section 1395w–114; and (B) tell them these are available. (2) Each notice must say eligibility depends on giving the State income and resource information when the State uses an assets test, and meeting the applicable criteria. (b) (1) The Commissioner must give each State Medicaid agency and other suitable State agency names and addresses of residents who may qualify, and update the information at least yearly. (2) Updates must include people who are or may be eligible because their subchapter II benefits were reduced. (c) (1) For each person who applies for, asks for, or is identified as potentially eligible for low-income subsidies, the Commissioner must: (A) explain the subsidy and the Medicare Savings Program; (B) provide the subsidy application if it has not already been received; (C) transmit application data to start a Medicare Savings Program application, as paragraph (3) provides; (D) explain how to get help with both applications, including contacting SHIP; and (E) make the application and information available at local Social Security offices. (2) The Commissioner must train employees who receive these applications to explain both programs and increase participation. On request, employees must help complete the subsidy application. (3) Beginning January 1, 2010, with the applicant’s consent, the Commissioner must electronically send the appropriate State Medicaid agency the application data the Commissioner determines, starting a State Medicare Savings Program application. The Commissioner must consult with the Secretary, after the Secretary consults with States, about the uniform data’s content, form, frequency, and method. (4) The Commissioner must coordinate outreach for both programs. (5) (A)(i) $24.1 million was appropriated to carry out this subsection, available October 1, 2008, until spent. (ii) $24.8 million was appropriated for fiscal year 2009 for low-income-subsidy and Medicare Savings Program activities, available until spent and additional to the Administration’s administrative-expense appropriation. (B)(i) For fiscal years beginning October 1, 2010, the Commissioner and Secretary must agree on funding for the Commissioner’s administrative costs. The agreement must pay the full cost of the required Medicare Savings Program work, provide quarterly advance funding based on agreed estimates, and require yearly accounting and reconciliation. (ii) The Secretary received authority to use up to $3 million for fiscal year 2011 and each later year solely to make those payments. (C) Social Security administrative-expense funds may never pay for Medicare Savings Program activities. From fiscal years beginning October 1, 2010, the Administration may not perform them unless the agreement is in effect and full required funding is provided. (6) (A) The Comptroller General must analyze the subsection’s effect on Medicare Savings Program participation and on States and Social Security. (B) By January 1, 2012, the Comptroller General must report the analysis to Congress, the Commissioner, and Secretary. (7) “Medicare Savings Program” means Medicaid medical assistance for Medicare cost-sharing under sections 1396a(a)(10)(E) and 1396u–3.