Improving Access to Medicare Part D Act of 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5297 Introduced in House (IH)]

109th CONGRESS
2d Session
H. R. 5297

To amend title XVIII of the Social Security Act to extend by one year
the initial enrollment period for Medicare prescription drug benefits
and for Medicare Advantage plans, to authorize the Secretary of Health
and Human Services to negotiate fair prices for Medicare prescription
drugs, and to express the sense of Congress that the Secretary should
conduct activities to improve outreach and educational efforts with
respect to such benefits.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 4, 2006

Mrs. Jo Ann Davis of Virginia introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committee on Energy and Commerce, 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 title XVIII of the Social Security Act to extend by one year
the initial enrollment period for Medicare prescription drug benefits
and for Medicare Advantage plans, to authorize the Secretary of Health
and Human Services to negotiate fair prices for Medicare prescription
drugs, and to express the sense of Congress that the Secretary should
conduct activities to improve outreach and educational efforts with
respect to such 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 ``Improving Access to Medicare Part D
Act of 2006''.

SEC. 2. ONE-YEAR EXTENSION OF ENROLLMENT PERIOD FOR MEDICARE
PRESCRIPTION DRUG BENEFITS AND MA PLANS.

(a) In General.--Section 1851(e)(3)(B) of the Social Security Act
(42 U.S.C. 1395w-21(e)(3)(B)) is amended--
(1) in clause (iii), by striking ``May 15, 2006; and'' and
inserting ``November 14, 2006'';
(2) in clause (iv), by striking ``2007'' and inserting
``2008'' and redesignating such clause as clause (v); and
(3) by inserting after clause (iii) the following new
clause:
``(iv) with respect to 2007, the period
beginning on November 15, 2006, and ending on
May 15, 2007; and''.
(b) Conforming Amendments Related to Continuous Open Enrollment and
Disenrollment.--Section 1851(e)(2) of such Act (42 U.S.C. 1395w-
21(e)(2)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``for first 6
months'';
(B) in clause (i), by striking ``, subparagraph
(C)(iii), and subparagraph (D)'' and inserting ``and
subparagraph (E)''; and
(C) in clause (i), by striking ``during the first 6
months of 2006'' and all that follows through ``is a
Medicare+Choice eligible individual,'' and inserting
``during 2006'';
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``subparagraph (D)'' and
inserting ``subparagraph (E)''; and
(ii) by striking ``2006'' and inserting
``2007'' each place it appears; and
(B) in clause (iii), by striking ``2006'' and
inserting ``2007'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Continuous open enrollment and disenrollment
for first 6 months during 2007.--
``(i) In general.--Subject to clause (ii),
subparagraph (D)(iii), and subparagraph (E), at
any time during the first 6 months of 2007, or,
if the individual first becomes a Medicare
Advantage eligible individual during 2007,
during the first 6 months during 2007 in which
the individual is a Medicare Advantage eligible
individual, a Medicare Advantage eligible
individual may change the election under
subsection (a)(1).
``(ii) Limitation of one change.--An
individual may exercise the right under clause
(i) only once. The limitation under this clause
shall not apply to changes in elections
effected during an annual, coordinated election
period under paragraph (3) or during a special
enrollment period under the first sentence of
paragraph (4).''.
(c) Application of One-Year Enrollment Extension and Conforming
Amendments to Part D Benefits.--Section 1860D-1(b) of such Act (42
U.S.C. 1395w-101(b)) is amended--
(1) in paragraph (1)(B)(iii), by striking ``subparagraphs
(B) and (C) of paragraph (2) and'';
(2) in paragraph (2)(A), by striking ``annual, coordinated
open election period described in section 1851(e)(3)(B)(iii)''
and inserting ``period beginning on the first day of the
annual, coordinated open election period described in clauses
(iii) of section 1851(e)(3)(B) and ending on the last day of
the annual, coordinated open election period described in
clause (iv) of such section''; and
(3) in paragraph (2)(B), by striking ``before the period
described in subparagraph (A)'' and inserting ``before the end
of the annual, coordinated open election period described in
section 1851(e)(3)(B)(iv)''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS ON
BEHALF OF MEDICARE BENEFICIARIES.

Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111)
is amended by striking subsection (i) (relating to noninterference) and
by inserting the following:
``(i) Authority to Negotiate Prices With Manufacturers.--In order
to ensure that each part D eligible individual who is enrolled under a
prescription drug plan or an MA-PD plan pays the lowest possible price
for covered part D drugs, the Secretary shall have authority similar to
that of other Federal entities that purchase prescription drugs in bulk
to negotiate contracts with manufacturers of covered part D drugs,
consistent with the requirements of this part and in furtherance of the
goals of providing quality care and containing costs under this
part.''.

SEC. 4. SENSE OF CONGRESS RELATED TO IMPROVED MEDICARE PRESCRIPTION
DRUG BENEFIT OUTREACH AND EDUCATION.

It is the sense of Congress that the Secretary of Health and Human
Services should conduct activities (and improve current activities
conducted by the Secretary), with respect to individuals eligible for
the medicare prescription drug benefits, to--
(1) raise the awareness and improve the education of such
individuals with respect to such benefits;
(2) improve and enhance outreach and enrollment assistance
for such benefits; and
(3) provide for the accessibility of appropriate experts
with respect to such benefits (at national, State, and local
levels) to ensure that such individuals understand the benefits
for which they are eligible.
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