[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3861 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3861

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2005

 Mr. Stark (for himself, Ms. Schakowsky, Mr. Dingell, Mr. Rangel, Mr. 
  George Miller of California, Mr. Brown of Ohio, Mr. Waxman, and Mr. 
   Pallone) 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 provide extended and 
  additional protection to Medicare beneficiaries who enroll for the 
            Medicare prescription drug benefit during 2006.

    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 ``The Medicare Informed Choice Act of 
2005''.

SEC. 2. 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--
            (1) in clause (iii), by striking ``May 15, 2006'' and 
        inserting ``December 31, 2006''; and
            (2) 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).''.

SEC. 3. ONE-TIME CHANGE OF PLAN ENROLLMENT FOR MEDICARE PRESCRIPTION 
              DRUG BENEFIT DURING ALL OF 2006.

    (a) Application to MA-PD Plans.--Section 1851(e) of the Social 
Security Act (42 U.S.C. 1395w-21(e)) is amended--
            (1) in paragraph (2)(B)--
                    (A) in the heading, by striking ``for first 6 
                months'';
                    (B) in clause (i)--
                            (i) by striking ``the first 6 months of 
                        2006'' and inserting ``2006''; and
                            (ii) by striking ``the first 6 months 
                        during 2006'' and inserting ``2006'';
                    (C) in clause (ii), by inserting ``(other than 
                during 2006)'' after ``paragraph (3)''; and
                    (D) in clause (iii), by striking ``2006'' and 
                inserting ``2007''; and
            (2) in paragraph (4), by striking ``2006'' and inserting 
        ``2007'' each place it appears.
    (b) 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)''.

SEC. 4. 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:
                    ``(D) 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.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this section shall be effective as if 
included in the enactment of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Public Law 108-173).
                                 <all>