109th CONGRESS
1st Session
H. R. 4557
To amend part D of title XVIII of the Social Security Act to remove
the Medicare prescription drug benefit late enrollment penalty and to extend
the initial enrollment period for 2006 through July 15, 2006.
IN THE HOUSE OF REPRESENTATIVES
December 15, 2005
Mr. GERLACH 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 part D of title XVIII of the Social Security Act to remove
the Medicare prescription drug benefit late enrollment penalty and to extend
the initial enrollment period for 2006 through July 15, 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 `Medicare Prescription Drug Late Enrollment
Penalty Repeal Act of 2005'.
SEC. 2. REMOVING THE MEDICARE PRESCRIPTION DRUG BENEFIT LATE ENROLLMENT
PENALTY.
(a) In General- Section 1860D-13 of the Social Security Act (42 U.S.C. 1395w-113)
is amended--
(1) in the heading, by striking `; late enrollment penalty';
(2) in subsection (a)(1), by striking subparagraph (D);
(3) by striking subsection (b); and
(A) in paragraph (1), by striking `(and any late enrollment penalty)';
(B) by striking paragraph (2); and
(C) in paragraph (3), by striking `paragraph (2) shall not apply and'.
(b) Conforming Amendments-
(1) Section 1860D-1 of such Act (42 U.S.C. 1395w-101) is amended--
(i) in paragraph (3), by striking subparagraph (A); and
(ii) by striking paragraph (6); and
(B) in subsection (c), by striking paragraph (4).
(2) Section 1860D-11(g)(6) of such Act (42 U.S.C. 1395w-111(g)(6)) is
amended by striking `Except for as provided in section 1860D-13(b) (relating
to late enrollment penalty) and subject' and inserting `Subject'.
(3) Section 1860D-14 of such Act (42 U.S.C. 1395w-114) is amended--
(A) by amending subsection (a)(1)(A) to read as follows:
`(A) FULL PREMIUM SUBSIDY- An income-related premium subsidy equal to
100 percent of the amount described in subsection (b)(1), but not to exceed
the premium amount specified in subsection (b)(2)(B).'; and
(B) in subsection (b)(1)(B), by striking `The premium amounts described
in this subparagraph do not include any amounts attributable to late
enrollment penalties under section 1860D-13(b).'.
(4) Section 1860D-16(b)(3) of such Act (42 U.S.C. 1395w-116(b)(3)) is
amended by striking `(and the portion of late enrollment penalties)'.
(5) Section 1860D-41(a) of such Act (42 U.S.C. 1395w-141(a)) is amended
by striking paragraph (3).
(6) Section 1882(v)(2)(B)(ii) of such Act (42 U.S.C. 1395ss(v)(2)(B)(ii))
is amended to read as follows:
`(ii) If the individual does not enroll in a plan under part D during
such period, the individual may continue enrollment in the individual's
current plan without change, but the individual will not be guaranteed
the option of enrollment in another medicare supplemental policy pursuant
to paragraph (3).'.
SEC. 3. EXTENSION OF THE 2006 OPEN ENROLLMENT PERIOD FOR MEDICARE PRESCRIPTION
DRUG PLANS.
Section 1860D-1(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-101(b)(2)(A))
is amended by inserting `, except that such period shall continue through
July 15, 2006' before the period.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall be effective as if included in the
enactment of the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (Public Law 108-173).
END
