Washington, D.C. – The National Center for Assisted Living (NCAL) applauds Sen. Bill Nelson (D-Fla.) for introducing the Home and Community Services Copayment Equity Act of 2009, a bill that would eliminate Medicare Part D drug copayments for low-income seniors in assisted living and residential care settings. Sens. Susan Collins (R-Maine) and Jeff Bingaman (D-NM) are cosponsors of the bill.

“Sen. Nelson and his colleagues’ leadership on this issue are critically important to assisted living’s low-income, elderly residents,” said David Kyllo, executive director of NCAL. “During these economically tough times, passage of this legislation would assure these residents have continual access to their medications ensuring their quality of life and avoiding more serious and costly health consequences.”

“This bill will restore fairness to some of our most vulnerable individuals regardless of the setting in which they choose to receive their care,” said U.S. Sen. Bill Nelson.

Currently under the Medicare Prescription Drug benefit, dual eligibles—people who are eligible for Medicare and Medicaid—that reside in assisted living communities are required to cover their drug copayments. On average, these residents take between eight to ten medications. With Part D drug copayments ranging from one to more than five dollars, these expenses can add up quickly and may exceed the resident’s state monthly personal needs allowance under Medicaid. Without the means to purchase their medications, some residents may decide to forgo the medications thereby putting their quality of life at risk. The legislation will eliminate copayments for about 1 million dual eligibles in assisted living and other home and community based care settings.

When Medicare Part D took effect on Jan. 1, 2006, dual eligible beneficiaries who previously received medications under Medicaid were switched to Medicare Part D. Under Part D, pharmacies and drug plans are not required to dispense medications to a beneficiary if the individual is unable to pay the assigned copayment.

Some states elected to cover this co-pay for dual eligible beneficiaries; however, those programs are in jeopardy with the economic downturn. Arizona has notified dual eligibles that effective March 1, 2009, the state will no longer cover these payments for Part D drugs. According to Kyllo, this is even more reason to pass this legislation as quickly as possible to ensure that seniors get the prescriptions they need.

“NCAL believes that lawmakers intended the prescription drug program to offer benefits to all seniors no matter where they lived,” says Kyllo. “We commend Sens. Nelson, Collins, and Bingaman for their leadership and look forward to working with them to ensure passage of this important legislation.”

The National Center for Assisted Living (NCAL) represents more than 2,600 not-for-profit and proprietary assisted living and residential care communities dedicated to continuous improvement in the delivery of professional compassionate care and services for the elderly and disabled. NCAL is the assisted living voice of the American Health Care Association.

The National Center for Assisted Living (NCAL) represents more than 2,700 not-for-profit and proprietary assisted living and residential care communities dedicated to continuous improvement in the delivery of professional compassionate care and services for the elderly and disabled. NCAL is the assisted living voice of the American Health Care Association.