[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4304 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4304

To amend the Medicare Prescription Drug, Improvement, and Modernization 
      Act of 2003 to eliminate overpayments to health maintenance 
 organizations and other private plans under part C of title XVIII of 
                        the Social Security Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2004

  Mr. Boswell (for himself, Ms. Pelosi, Mr. Hoyer, Mr. Menendez, Mr. 
 George Miller of California, Ms. DeLauro, Mr. Matsui, Mr. Rangel, Mr. 
 Dingell, Mr. Berry, Mr. Brown of Ohio, Mr. Stark, Ms. Schakowsky, Mr. 
McDermott, Mr. Pallone, Mr. Green of Texas, Mr. Doggett, Mr. Allen, Mr. 
 Sandlin, Ms. Solis, Mr. Frost, Mr. Serrano, Ms. Jackson-Lee of Texas, 
Mr. Grijalva, Mr. Hoeffel, Ms. Eshoo, Mr. Kildee, Mr. Weiner, Mr. Farr, 
    Mr. Wexler, Mr. Hastings of Florida, Mr. Olver, Mr. Nadler, Mr. 
Hinchey, Mr. Tierney, Mr. Lantos, Mr. Moran of Virginia, Mrs. Maloney, 
Mr. Abercrombie, Ms. Kilpatrick, Mr. Clay, Mr. Kennedy of Rhode Island, 
    Ms. Waters, Mr. Jackson of Illinois, Mr. Honda, Ms. Watson, Mr. 
 Rodriguez, Mr. Gutierrez, Mr. Oberstar, Mrs. Lowey, Ms. Lofgren, and 
Ms. Slaughter) 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 the Medicare Prescription Drug, Improvement, and Modernization 
      Act of 2003 to eliminate overpayments to health maintenance 
 organizations and other private plans under part C of title XVIII of 
                        the Social Security Act.

    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 ``Medicare Preservation and Anti-
Privatization Act''.

SEC. 2. ELIMINATION OF MA REGIONAL PLAN STABILIZATION FUND (SLUSH 
              FUND).

    Subsection (e) of section 1858 of the Social Security Act, as added 
by section 221(c) of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173), is repealed.

SEC. 3. PHASE-IN TO PAYMENT AT 100 PERCENT OF FEE-FOR-SERVICE RATE.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services shall provide, beginning with 2005, for adjustment 
of payment rates to organizations under section 1853 of the Social 
Security Act so that such payment rates reflect only the payment rate 
described in subsection (c)(1)(D) of such section (relating to 100 
percent fee-for-service payment).

SEC. 4. APPLICATION OF RISK ADJUSTMENT REFLECTING CHARACTERISTICS FOR 
              THE ENTIRE MEDICARE POPULATION.

    Notwithstanding any other provision of law, effective January 1, 
2005, in applying risk adjustment factors to payment to organizations 
under section 1853 of the Social Security Act (42 U.S.C. 1395w-23) in a 
budget neutral manner, the Secretary of Health and Human Services shall 
assure that such factors, in the aggregate, take into account the 
actuarial characteristics of the entire medicare population, and not 
merely the population of individuals enrolled under a plan under part C 
of title XVIII of such Act.
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