II
109th CONGRESS
1st Session
S. 2026
IN THE SENATE OF THE UNITED STATES
November 16, 2005
Mr. Lautenberg (for himself, Mr. Kerry, Mr. Dorgan, and Mr. Dayton) 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 require that a prescription drug plan or an MA–PD plan that has an initial coverage limit obtain a signed certification prior to enrolling beneficiaries under the plan under part D of such title.
Short title
This Act may be cited as the
Medicare Prescription Drug Gap
Disclosure Act
.
Requirement of signed certification prior to plan enrollment under part D
In general
Section 1860D–1(b)(1) of the Social Security Act (42 U.S.C. 1395w–101) is amended by adding at the end the following new subparagraph:
Special rule for plans with an initial coverage limit
In general
The process for
enrollment established under subparagraph (A) shall include, in the case of a
prescription drug plan or an MA–PD plan that has an initial coverage limit (as
described in section 1860D–2(b)(3)), a requirement that, prior to enrolling a
part D eligible 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 clause (ii) 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).
.
Certification requirements described
The certification required under clause (i) shall meet the following requirements:
The certification shall be printed in a typeface of not less than 18 points.
The certification shall be printed on a single piece of paper separate from any matter not related to the certification.
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
.
.
Effective date
The amendment made by this section shall take effect on the date of enactment of this Act.