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Improving Prescription Drug Access for Dual Eligibles after the Medicare Modernization Act

By: Agostinho, Jessica Neidhart | Columbia Journal of Law and Social Problems, Winter 2009 | Article details

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Improving Prescription Drug Access for Dual Eligibles after the Medicare Modernization Act


Agostinho, Jessica Neidhart, Columbia Journal of Law and Social Problems


The Medicare Modernization Act of 2003 ("MMA") provided a new prescription drug benefit for millions of Americans who receive healthcare through Medicare. However, for those individuals who qualify for both Medicare and Medicaid, "dual eligibles," the change has proved harmful. Prior to the MMA, states provided prescription drug benefits to their dual eligibles through Medicaid. The MMA prohibited states from providing this coverage by mandating that dual eligibles' prescription drug benefits would solely be provided through Medicare.

Neither the dual eligibles nor the states are receiving the benefits promised. The transition from Medicaid to Medicare was not smooth, as there …

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