S.2300 - Defense of Medicare Act108th Congress (2003-2004)
|Sponsor:||Sen. Kennedy, Edward M. [D-MA] (Introduced 04/07/2004)|
|Committees:||Senate - Finance|
|Latest Action:||Senate - 04/07/2004 Read twice and referred to the Committee on Finance. (All Actions)|
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Text: S.2300 — 108th Congress (2003-2004)All Information (Except Text)
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Introduced in Senate (04/07/2004)
[Congressional Bills 108th Congress] [From the U.S. Government Printing Office] [S. 2300 Introduced in Senate (IS)] 108th CONGRESS 2d Session S. 2300 To amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to eliminate privatization of the medicare program and to reduce excessive payments to health maintenance organizations and other private sector insurance plans. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 7, 2004 Mr. Kennedy (for himself, Mr. Bingaman, Mrs. Boxer, Mr. Pryor, Mr. Hollings, Mr. Corzine, Mr. Edwards, Ms. Mikulski, Mr. Lautenberg, Mr. Durbin, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to eliminate privatization of the medicare program and to reduce excessive payments to health maintenance organizations and other private sector insurance plans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Defense of Medicare Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Application of risk adjustment reflecting characteristics for the entire medicare population in payments to Medicare Advantage organizations. Sec. 3. Annual Medicare Advantage capitation rate at 100 percent of fee-for-service rate with a hold harmless. Sec. 4. Elimination of MA Regional Plan Stabilization Fund (slush fund). Sec. 5. Repeal of premium support program. Sec. 6. Requiring two prescription drug plans to avoid Federal fallback. SEC. 2. APPLICATION OF RISK ADJUSTMENT REFLECTING CHARACTERISTICS FOR THE ENTIRE MEDICARE POPULATION IN PAYMENTS TO MEDICARE ADVANTAGE ORGANIZATIONS. Effective January 1, 2005, in applying risk adjustment factors to payments to organizations under section 1853 of the Social Security Act (42 U.S.C. 1395w-23), the Secretary of Health and Human Services shall ensure that payments to such organizations are adjusted based on such factors to ensure that the health status of the enrollee is reflected in such adjusted payments, including adjusting for the difference between the health status of the enrollee and individuals enrolled under the original medicare fee-for-service program under parts A and B of title XVIII of such Act. Payments to such organizations must, in aggregate, reflect such differences. SEC. 3. ANNUAL MEDICARE ADVANTAGE CAPITATION RATE AT 100 PERCENT OF FEE-FOR-SERVICE RATE WITH A HOLD HARMLESS. Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)), as amended by section 211 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2176) is amended-- (1) in subparagraph (B), by adding at the end the following new clause: ``(v) For 2005 and each subsequent year, the amount specified in clause (iv) for the area for 2004.''; and (2) in subparagraph (C)(v), in the matter preceding subclause (I), by striking ``and each succeeding year''. SEC. 4. ELIMINATION OF MA REGIONAL PLAN STABILIZATION FUND (SLUSH FUND). Subsection (e) of section 1858 of the Social Security Act, as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is repealed. SEC. 5. REPEAL OF PREMIUM SUPPORT PROGRAM. Effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), subtitle E of title II of such Act is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted. SEC. 6. REQUIRING TWO PRESCRIPTION DRUG PLANS TO AVOID FEDERAL FALLBACK. Section 1860D-3(a) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended-- (1) in paragraph (1)-- (A) by striking ``qualifying plans (as defined in paragraph (3))'' and inserting ``prescription drug plans''; and (B) by striking ``, at least one of which is a prescription drug plan''; (2) in paragraph (2), by striking ``qualifying plans'' and inserting ``prescription drug plans''; and (3) by striking paragraph (3). <all>