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There is a $35 per year enrollment fee for this program, which excludes many persons, IMOHO. just me, Marjorie BENEFITS UNDER THE PROGRAM `SEC. 1860E. (a) ACCESS TO NEGOTIATED PRICES- `(1) IN GENERAL- An eligible entity with a contract under this part shall provide eligible beneficiaries enrolled with the entity with access to negotiated prices (including applicable discounts) used for payment for prescription drugs for which coverage is not otherwise provided under this part. `(2) DISCOUNT CARD- An eligible entity shall issue such a card that may be used by an enrolled beneficiary to assure the access to negotiated prices under paragraph (1). `(b) CATASTROPHIC BENEFIT- `(1) IN GENERAL- Subject to paragraph (4) (relating to eligibility for the catastrophic benefit)-- `(A) BENEFICIARIES WITH INCOME BELOW 200 PERCENT OF POVERTY LINE- In the case of an eligible beneficiary whose income is below 200 percent of the poverty line, the beneficiary shall not be responsible for making a payment for a covered outpatient drug provided to the beneficiary in a year to the extent that the out-of-pocket expenses of the beneficiary for such drug, when added to the out-of-pocket expenses of the beneficiary for covered outpatient drugs previously provided in the year, exceed $1,200. `(B) BENEFICIARIES WITH INCOME BETWEEN 200 AND 400 PERCENT OF POVERTY LINE- In the case of an eligible beneficiary whose income exceeds 200 percent but does not exceed 400 percent of the poverty line, the beneficiary shall not be responsible for making a payment for a covered outpatient drug provided to the beneficiary in a year to the extent that the out-of-pocket expenses of the beneficiary for such drug, when added to the out-of-pocket expenses of the beneficiary for covered outpatient drugs previously provided in the year, exceed $2,500. `(C) BENEFICIARIES WITH INCOME ABOVE 400 PERCENT OF POVERTY LINE- In the case of an eligible beneficiary whose income exceeds 400 percent of the poverty line, the beneficiary shall not be responsible for making a payment for a covered outpatient drug provided to the beneficiary in a year to the extent that the out-of-pocket expenses of the beneficiary for such drug, when added to the out-of-pocket expenses of the beneficiary for covered outpatient drugs previously provided in the year, exceed $5,000. `(2) ADJUSTMENT- The Commissioner may, as determined appropriate, annually adjust the dollar amounts under subparagraph (A) to reflect inflation and changes in the costs and utilization under the program over time. `(3) ELIGIBLE ENTITY NOT AT RISK FOR CATASTROPHIC BENEFIT- `(A) IN GENERAL- The Commissioner, not the eligible entity, shall be at risk for the provision of the catastrophic benefit under this subsection. `(B) PROVISIONS RELATING TO PAYMENTS TO ELIGIBLE ENTITIES- For provisions relating to payments to eligible entities for administering the catastrophic benefit under this subsection, see section 1860G. `(4) CATASTROPHIC BENEFIT NOT AVAILABLE TO CERTAIN HIGH INCOME INDIVIDUALS- `(A) IN GENERAL- An eligible beneficiary enrolled under this part whose modified adjusted gross income for a taxable year exceeds the applicable amount shall not be eligible for the catastrophic benefit under this subsection. `(B) BENEFICIARY STILL ELIGIBLE FOR DISCOUNT BENEFIT- Nothing in subparagraph (A) shall be construed as effecting the eligibility of a beneficiary described in such subparagraph for the benefits under subsection (a). `(C) PROCEDURES FOR DETERMINING MODIFIED ADJUSTED GROSS INCOME- `(i) IN GENERAL- The Commissioner shall establish procedures for determining the modified adjusted gross income of eligible beneficiaries enrolled under this part. `(ii) CONSULTATION- The Commissioner shall consult with the Secretary of the Treasury in making the determinations described in clause (i). `(iii) DISCLOSURE OF INFORMATION- Notwithstanding section 6103(a) of the Internal Revenue Code of 1986, the Secretary of the Treasury may, upon written request from the Commissioner, disclose to officers and employees of the Medicare Prescription Drug Agency such return information as is necessary to make the determinations described in clause (i). Return information disclosed pursuant to the preceding sentence may be used by officers and employees of the Medicare Prescription Drug Agency only for the purposes of, and to the extent necessary in, making such determinations. `(D) DEFINITION OF APPLICABLE AMOUNT- For purposes of this paragraph, the term `applicable amount' means-- `(i) except as otherwise provided in this subparagraph, $100,000; `(ii) $200,000 in the case of a taxpayer who files a joint return; and `(iii) zero in the case of a taxpayer who-- `(I) is married at the close of the taxable year but does not file a joint return for such year; and `(II) does not live apart from his spouse at all times during the taxable year. `(E) DEFINITION OF MODIFIED ADJUSTED GROSS INCOME- For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986)-- `(i) determined without regard to sections 135, 911, 931, and 933 of such Code; and `(ii) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax under such Code. `(F) DEFINITION OF JOINT RETURN- For purposes of this paragraph, the term `joint return' has the meaning given the term in section 7701(a)(38) of the Internal Revenue Code of 1986. `(5) ASSURING CATASTROPHIC BENEFIT IN ALL AREAS- The Commissioner shall develop procedures for the provision of the catastrophic benefit under this subsection to each eligible beneficiary that resides in an area where there are no eligible entities that have been awarded a contract under this part.