II
109th CONGRESS
1st Session
S. 1841
IN THE SENATE OF THE UNITED STATES
October 6, 2005
Mr. Nelson of Florida (for himself, Ms. Stabenow, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to provide extended and additional protection to Medicare beneficiaries who enroll for the Medicare prescription drug benefit during 2006.
Short title
This Act may be cited as the
The Medicare Informed Choice Act of
2005
.
Extended period of open enrollment during all of 2006 without late enrollment penalty
Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C. 1395w–21(e)(3)(B)) is amended—
in clause (iii),
by striking May 15, 2006
and inserting December 31,
2006
; and
by adding at the end the following new sentence:
An individual making an election during the period beginning on November 15, 2006, and ending on December 15, 2006, shall specify whether the election is to be effective with respect to 2006 or with respect to 2007 (or both).
.
One-time change of plan enrollment for medicare prescription drug benefit during all of 2006
Application to MA–PD plans
Section 1851(e) of the Social Security Act (42 U.S.C. 1395w–21(e)) is amended—
in paragraph (2)(B)—
in the heading, by
striking for first 6
months
;
in clause (i)—
by
striking the first 6 months of 2006
and inserting
2006
; and
by
striking the first 6 months during 2006
and inserting
2006
;
in clause (ii), by
inserting (other than during 2006)
after paragraph
(3)
; and
in clause (iii),
by striking 2006
and inserting 2007
; and
in paragraph (4),
by striking 2006
and inserting 2007
each place it
appears.
Conforming amendment to part D
Section
1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is
amended by striking subparagraphs (B) and (C) of paragraph (2)
and inserting paragraph (2)(C)
.
Protection from loss of employment-based retiree health coverage upon enrollment for medicare prescription drug benefit during 2006
Section 1860D–22(a)(2) (42 U.S.C. 1395w–132(a)(2)) is amended by adding at the end the following new subparagraph:
Protection from loss of employment-based coverage
The sponsor of the plan may not involuntarily discontinue coverage of an individual under a group health plan before January 1, 2007, based upon the individual’s decision to enroll in a prescription drug plan or an MA–PD plan under this part.
.
Effective date
The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173).