108th CONGRESS
2d Session
H. R. 4978
To amend part D of title XVIII of the Social Security Act to condition
the payment of employer prescription drug subsidies on the maintenance of
current prescription drug benefits.
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
Mr. NADLER 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 condition
the payment of employer prescription drug subsidies on the maintenance of
current prescription drug benefits.
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 `Prescription Plan Preservation Act of 2004'.
SEC. 2. CONDITIONING THE PAYMENT OF MEDICARE EMPLOYER PRESCRIPTION DRUG
SUBSIDIES ON THE MAINTENANCE OF CURRENT PRESCRIPTION DRUG BENEFITS.
(a) In General- Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C.
1395w-132(a)(2)(A)) is amended to read as follows::
`(A) ATTESTATION OF ACTUARIAL EQUIVALENCE TO STANDARD COVERAGE- The sponsor
of the plan provides the Secretary, annually or at such other time as
the Secretary may require, with an attestation that the actuarial value
of prescription drug coverage under the plan (as determined using the
processes and methods described in section 1860D-11(c)) is at least equal
to the greater of--
`(i) the actuarial value of standard prescription drug coverage; or
`(ii) the actuarial value of the employment-based retiree health coverage
that was in effect as of December 8, 2003.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect
as if included in the enactment of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173).
END
