S.Amdt. 1258

SA 1258. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place in division A, insert the
following:

SEC. __. ADJUSTMENT OF THE AMOUNT OF THE MEDICARE PART B
PREMIUM TO REWARD BENEFICIARIES WHO REFRAIN
FROM TOBACCO USE.

Section 1839 of the Social Security Act (42 U.S.C. 1395r)
is amended--
(1) in subsection (a)(2), by striking ``and (i)'' and
inserting ``(i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j)(1) With respect to the monthly premium amount under
this section for months after December 2010, the Secretary
shall adjust (under procedures established by the Secretary)
the amount of such premium for an individual based on whether
or not the individual refrains from tobacco use. Such
procedures shall include providing an individual whose
premium was increased under the preceding sentence for a year
with the opportunity to have the amount of such increase for
the year refunded in whole or in part if the individual
demonstrates to the Secretary that the individual now
refrains from tobacco use.
``(2) In making the adjustments under paragraph (1) for a
month, the Secretary shall ensure that the total amount of
premiums to be paid under this part for the month is equal to
the total amount of premiums that would have been paid under
this part for the month if no such adjustments had been made,
as estimated by the Secretary.''.
______