[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4978 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4978

To amend part D of title XVIII of the Social Security Act to condition 
the payment of employer prescription drug subsidies on the maintenance 
                 of current prescription drug benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

  Mr. Nadler introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, 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 part D of title XVIII of the Social Security Act to condition 
the payment of employer prescription drug subsidies on the maintenance 
                 of current prescription drug 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 ``Prescription Plan Preservation Act 
of 2004''.

SEC. 2. CONDITIONING THE PAYMENT OF MEDICARE EMPLOYER PRESCRIPTION DRUG 
              SUBSIDIES ON THE MAINTENANCE OF CURRENT PRESCRIPTION DRUG 
              BENEFITS.

    (a) In General.--Section 1860D-22(a)(2)(A) of the Social Security 
Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended to read as follows::
                    ``(A) Attestation of actuarial equivalence to 
                standard coverage.--The sponsor of the plan provides 
                the Secretary, annually or at such other time as the 
                Secretary may require, with an attestation that the 
                actuarial value of prescription drug coverage under the 
                plan (as determined using the processes and methods 
                described in section 1860D-11(c)) is at least equal to 
                the greater of--
                            ``(i) the actuarial value of standard 
                        prescription drug coverage; or
                            ``(ii) the actuarial value of the 
                        employment-based retiree health coverage that 
                        was in effect as of December 8, 2003.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (Public 
Law 108-173).
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