Text: H.R.3861 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in House (09/22/2005)


109th CONGRESS
1st Session
H. R. 3861


To amend title XVIII of the Social Security Act to provide extended and additional protection to Medicare beneficiaries who enroll for the Medicare prescription drug benefit during 2006.


IN THE HOUSE OF REPRESENTATIVES

September 22, 2005

Mr. Stark (for himself, Ms. Schakowsky, Mr. Dingell, Mr. Rangel, Mr. George Miller of California, Mr. Brown of Ohio, Mr. Waxman, and Mr. Pallone) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend title XVIII of the Social Security Act to provide extended and additional protection to Medicare beneficiaries who enroll for the Medicare prescription drug benefit during 2006.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “The Medicare Informed Choice Act of 2005”.

SEC. 2. Extended period of open enrollment during all of 2006 without late enrollment penalty.

Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C. 1395w–21(e)(3)(B)) is amended—

(1) in clause (iii), by striking “May 15, 2006” and inserting “December 31, 2006”; and

(2) by adding at the end the following new sentence:

“An individual making an election during the period beginning on November 15, 2006, and ending on December 15, 2006, shall specify whether the election is to be effective with respect to 2006 or with respect to 2007 (or both).”.

SEC. 3. One-time change of plan enrollment for medicare prescription drug benefit during all of 2006.

(a) Application to MA–PD plans.—Section 1851(e) of the Social Security Act (42 U.S.C. 1395w–21(e)) is amended—

(1) in paragraph (2)(B)—

(A) in the heading, by striking “for first 6 months”;

(B) in clause (i)—

(i) by striking “the first 6 months of 2006” and inserting “2006”; and

(ii) by striking “the first 6 months during 2006” and inserting “2006”;

(C) in clause (ii), by inserting “(other than during 2006)” after “paragraph (3)”; and

(D) in clause (iii), by striking “2006” and inserting “2007”; and

(2) in paragraph (4), by striking “2006” and inserting “2007” each place it appears.

(b) Conforming amendment to part D.—Section 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by striking “subparagraphs (B) and (C) of paragraph (2)” and inserting “paragraph (2)(C)”.

SEC. 4. Protection from loss of employment-based retiree health coverage upon enrollment for medicare prescription drug benefit during 2006.

Section 1860D–22(a)(2) (42 U.S.C. 1395w–132(a)(2)) is amended by adding at the end the following new subparagraph:

“(D) PROTECTION FROM LOSS OF EMPLOYMENT-BASED COVERAGE.—The sponsor of the plan may not involuntarily discontinue coverage of an individual under a group health plan before January 1, 2007, based upon the individual’s decision to enroll in a prescription drug plan or an MA–PD plan under this part.”.

SEC. 5. Effective date.

The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173).