S.Amdt. 1006
What it does: Adds SEC. ____. REVISION OF REQUIREMENTS FOR REVIEW OF MARKETING MATERIALS at the end of subtitle C of title IIWhat it changes
1 change to S. 1 · shown in the bill's text
Adds SEC. ____. REVISION OF REQUIREMENTS FOR REVIEW OF MARKETING MATERIALS at the end of subtitle C of title II
Adds a sectionIn S. 1 · Reported to Senate
(c) Effective Date.--The amendments made by this section shall apply on and after January 1, 2004.
Inserted: SEC. ____. REVISION OF REQUIREMENTS FOR REVIEW OF MARKETING MATERIALS.
Inserted: (a) Under Medicare+Choice and MedicareAdvantage.--Section 1851(h) (42 U.S.C. 1395w-21(h)) is amended--
Inserted: (1) in paragraph (1)(A), by striking "45 days (or 10 days in the case described in paragraph (5))" and inserting "30 days (or 10 days in the case described in paragraph (5) or if the Medicare+Choice organization has submitted to the Secretary requested corrections following review of the submitted material)"; and
Inserted: (2) by striking paragraph (2) and inserting the following new paragraph:
Inserted: "(2) Review.--
Inserted: "(A) In general.--Except as provided in subparagraph (B), the standards established under section 1856 shall include guidelines for the review of any material or form submitted and under such guidelines the Secretary shall disapprove (or later require the correction of) such material or form if the material or form is materially inaccurate or misleading or otherwise makes a material misrepresentation.
Inserted: "(B) Exception.--Notwithstanding any other requirements of section 1856(h), the Secretary shall establish policies that permit, under appropriate circumstances, the distribution of marketing materials by a Medicare+Choice organization prior to review.".
Inserted: (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to section 1851(h) of the Social Security Act (42 U.S.C. 1395w-21(h)) as in effect on such date and as amended by section 201.
Original wording
At the end of subtitle C of title II, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1006. Mr. SANTORUM submitted an amendment intended to be proposed by him to the bill S. 1, to amend title XVIII of the Social Security Act to make improvements in the medicare program, to provide prescription drug coverage under the medicare program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ____. REVISION OF REQUIREMENTS FOR REVIEW OF MARKETING MATERIALS.
(a) Under Medicare+Choice and MedicareAdvantage.--Section 1851(h) (42 U.S.C. 1395w-21(h)) is amended--
(1) in paragraph (1)(A), by striking “45 days (or 10 days in the case described in paragraph (5))” and inserting “30 days (or 10 days in the case described in paragraph (5) or if the Medicare+Choice organization has submitted to the Secretary requested corrections following review of the submitted material)”; and
(2) by striking paragraph (2) and inserting the following new paragraph:
“(2) Review.--
“(A) In general.--Except as provided in subparagraph (B), the standards established under section 1856 shall include guidelines for the review of any material or form submitted and under such guidelines the Secretary shall disapprove (or later require the correction of) such material or form if the material or form is materially inaccurate or misleading or otherwise makes a material misrepresentation.
“(B) Exception.--Notwithstanding any other requirements of section 1856(h), the Secretary shall establish policies that permit, under appropriate circumstances, the distribution of marketing materials by a Medicare+Choice organization prior to review.”.
(b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to section 1851(h) of the Social Security Act (42 U.S.C. 1395w-21(h)) as in effect on such date and as amended by section 201.
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Senate amendment submitted
June 24, 2003