[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3870 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3870

To amend part D of title XVIII of the Social Security Act to delay for 
 2 years implementation of the Medicare prescription drug benefit for 
  individuals who are not lowest-income subsidy eligible individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2005

 Mr. Flake (for himself, Mr. Pence, and Mr. Hensarling) 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 delay for 
 2 years implementation of the Medicare prescription drug benefit for 
  individuals who are not lowest-income subsidy eligible individuals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DELAY IN IMPLEMENTATION OF MEDICARE PRESCRIPTION DRUG 
              PROGRAM FOR ALL BUT LOWEST-INCOME SUBSIDY ELIGIBLE 
              INDIVIDUALS.

    (a) In General.--Section 1860D-1(a) of the Social Security Act (42 
U.S.C. 1395w-101(a)) is amended by adding at the end the following new 
paragraph:
            ``(4) Limitation during 2006 and 2007.--
                    ``(A) In general.--With respect to benefits during 
                2006 and 2007, no individual shall be treated as a part 
                D eligible individual unless the individual is 
                described in section 1860D-14(a)(1).
                    ``(B) Transition.--For individuals who would be 
                part D eligible individuals but for subparagraph (A), 
                the enrollment-related provisions of this part (and 
                related provisions of part C) shall be applied as if 
                any dates otherwise specified had been delayed for 2 
                years.''.
    (b) Continuation of Drug Discount Card Program for Nonqualifying 
Individuals.--Section 1860D-31(a)(2) of such Act (42 U.S.C. 1395w-
141(a)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(D) Continuation for certain individuals.--
                Notwithstanding any other provision of this section, 
                this section shall continue to operate during 2006 and 
                2007 in the same manner it operated during 2005 in the 
                case of discount card eligible individuals who would be 
                part D eligible individuals during such period but for 
                the application of section 1860D-1(a)(4)(A).''.
    (c) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
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