To require certification prior to beneficiary enrollment in a prescription drug plan or an MA-PD plan that has a gap in the coverage of prescription drugs under part D of title XVIII of the Social Security Act.

SA 2381. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill S. 1932, to provide for reconciliation
pursuant to section 202(a) of the concurrent resolution on the budget
for fiscal year 2006 (H. Con. Res. 95); which was ordered to lie on the
table; as follows:

On page 368, between line 5 and 6, insert the following:

SEC. 6116. CERTIFICATION PRIOR TO BENEFICIARY ENROLLMENT IN A
PRESCRIPTION DRUG PLAN OR AN MA-PD PLAN THAT
HAS A GAP IN THE COVERAGE OF PRESCRIPTION DRUGS
UNDER PART D.

(a) In General.--The Secretary shall take appropriate
measures to ensure that the process for enrollment
established under section 1860D-1(b)(1) of the Social
Security Act (42 U.S.C. 1395w-101) includes, in the case of a
prescription drug plan or an MA-PD plan that contains an
initial coverage limit (as described in section 1860D-2(b)(3)
of such Act), a requirement that, prior to enrolling an
individual in the plan, the plan must obtain a certification
signed by the enrollee or the legal guardian of the enrollee
that meets the requirements described in subsection (b) and
includes the following text: ``I understand that the Medicare
Prescription Drug Plan or MA-PD Plan that I am signing up for
may result in a gap in coverage during a given year. I
understand that if subject to this gap in coverage, I will be
responsible for paying 100 percent of the cost of my
prescription drugs and will continue to be responsible for
paying the plan's monthly premium while subject to this gap
in coverage. For specific information on the potential
coverage gap under this plan, I understand that I should
contact (insert name of the sponsor of the prescription drug
plan or the sponsor of the MA-PD plan) at (insert toll free
phone number for such sponsor of such plan).''.
(b) Certification Requirements Described.--The
certification required under subsection (a) shall meet the
following requirements:
(1) The certification shall be printed in a typeface of not
less than 18 points.
(2) The certification shall be printed on a single piece of
paper separate from any matter not related to the
certification.
(3) The certification shall have a heading printed at the
top of the page in all capital letters and bold face type
that states the following: ``WARNING: POTENTIAL MEDICARE
PRESCRIPTION DRUG COVERAGE GAP''.
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