[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3637 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3637

 To amend title XVIII of the Social Security Act to prevent a decrease 
  in Social Security benefits resulting from Medicare part D premiums 
                               increases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2005

 Mr. Thompson of California (for himself and Mrs. Emerson) 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 title XVIII of the Social Security Act to prevent a decrease 
  in Social Security benefits resulting from Medicare part D premiums 
                               increases.

    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 ``Social Security Benefit Protection 
Act of 2005''.

SEC. 2. PROTECTION OF SOCIAL SECURITY BENEFITS AGAINST DECREASE DUE TO 
              PART D MEDICARE PREMIUM INCREASES.

    (a) Protection Against Decrease in Social Security Benefits.--
            (1) Application to enrollees in prescription drug plans.--
        Section 1860D-13(a)(1) of the Social Security Act (42 U.S.C. 
        1395ww-113(a)(1)) is amended--
                    (A) in subparagraph (F), by striking ``(D) and 
                (E),'' and inserting ``(D), (E), and (F),'';
                    (B) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) Protection of social security benefits.--For 
                any calendar year, if an individual is entitled to 
                monthly benefits under section 202 or 223 or to a 
                monthly annuity under section 3(a), 4(a), or 4(f) of 
                the Railroad Retirement Act of 1974 for November and 
                December of the preceding year and was enrolled under a 
                PDP plan or MA-PD plan for such months, the base 
                beneficiary premium otherwise applied under this 
                paragraph for the individual for months in that year 
                shall be decreased by the amount (if any) by which the 
                sum of the amounts described in the following clauses 
                (i) and (ii) exceeds the amount of the increase in such 
                monthly benefits for that individual attributable to 
                section 215(i):
                            ``(i) Part d premium increase factor.--
                                    ``(I) In general.--Except as 
                                provided in this clause, the amount of 
                                the increase (if any) in the adjusted 
                                national average monthly bid amount (as 
                                determined under subparagraph (B)(iii)) 
                                for a month in the year over such 
                                amount for a month in the preceding 
                                year.
                                    ``(II) No application to full 
                                premium subsidy individuals.--In the 
                                case of an individual enrolled for a 
                                premium subsidy under section 1860D-
                                14(a)(1), zero.
                                    ``(III) Special rule for partial 
                                premium subsidy individuals.--In the 
                                case of an individual enrolled for a 
                                premium subsidy under section 1860D-
                                14(a)(2), a percent of the increase 
                                described in subclause (I) equal to 100 
                                percent minus the percent applied based 
                                on the linear scale under such section.
                            ``(ii) Part b premium increase factor.--If 
                        the individual is enrolled for such months 
                        under part B--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the amount 
                                of the annual increase in premium 
                                effective for such year resulting from 
                                the application of section 1839(a)(3), 
                                as reduced (if any) under section 
                                1839(f).
                                    ``(II) No application to 
                                individuals participating in medicare 
                                savings program.--In the case of an 
                                individual who is enrolled for medical 
                                assistance under title XIX for medicare 
                                cost-sharing described in section 
                                1905(p)(3)(A)(ii), zero.''.
            (2) Application under medicare advantage program.--Section 
        1854(b)(2)(B) of such Act (42 U.S.C. 1395w-24(b)(2)(B)), as in 
        effect as of January 1, 2006, relating to MA monthly 
        prescription drug beneficiary premium, is amended by inserting 
        after ``as adjusted under section 1860D-13(a)(1)(B)'' the 
        following: ``and section 1860D-13(a)(1)(F)''.
            (3) Payment from medicare prescription drug account.--
        Section 1860D-16(b) of such Act (42 U.S.C. 1395w-116(b)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (C);
                            (ii) by striking the period at the end of 
                        subparagraph (D) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(E) payment under paragraph (5) of premium 
                reductions effected under section 1860D-13(a)(1)(F).''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Payment for social security benefit protection 
        premium reductions.--
                    ``(A) In general.--In addition to payments provided 
                under section 1860D-15 to a PDP sponsor or an MA 
                organization, in the case of each part D eligible 
                individual who is enrolled in a prescription drug plan 
                offered by such sponsor or an MA-PD plan offered by 
                such organization and who has a premium reduced under 
                section 1860D-13(a)(1)(F), the Secretary shall provide 
                for payment to such sponsor or organization of an 
                amount equivalent to the amount of such premium 
                reduction.
                    ``(B) Application of provisions.--The provisions of 
                subsections (d) and (f) of section 1860D-15 (relating 
                to payment methods and disclosure of information) shall 
                apply to payment under subparagraph (A) in the same 
                manner as they apply to payments under such section.''.
    (b) Disregard of Premium Reductions in Determining Dedicated 
Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
(Public Law 108-173) is amended by adding at the end the following: 
``Such premiums shall also be determined without regard to any 
reductions effected under section 1839(f) or 1860D-13(a)(1)(F) of such 
title.''.
    (c) Effective Dates.--
            (1) Part d premium.--The amendments made by subsection (a) 
        apply to premiums for months beginning with January 2007.
            (2) MMA provision.--The amendment made by subsection (b) 
        shall take effect on the date of the enactment of this Act.
                                 <all>