[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4399 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4399

 To amend title XVIII of the Social Security Act to extend the annual 
 enrollment periods of the Medicare prescription drug benefit program 
   and under the Medicare Advantage program, and to suspend Medicare 
  prescription drug late enrollment penalties for two years after the 
                       initial enrollment period.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2005

     Mr. Fitzpatrick of Pennsylvania (for himself and Mr. Brady of 
Pennsylvania) 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 title XVIII of the Social Security Act to extend the annual 
 enrollment periods of the Medicare prescription drug benefit program 
   and under the Medicare Advantage program, and to suspend Medicare 
  prescription drug late enrollment penalties for two years after the 
                       initial enrollment period.

    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 ``Protecting Medicare Beneficiaries' 
Informed Choice Act of 2005''.

SEC. 2. EXTENSION OF ANNUAL ENROLLMENT PERIODS FOR THE MEDICARE 
              PRESCRIPTION DRUG BENEFIT PROGRAM AND MEDICARE ADVANTAGE 
              PROGRAM.

    (a) In General.--
            (1) Enrollment for 2006.--Clause (iii) of section 
        1851(e)(3)(B) of the Social Security Act (42 U.S.C. 1395w-
        21(e)(3)(B)) is amended by striking ``May 15, 2006'' and 
        inserting ``November 14, 2006''.
            (2) Enrollment for subsequent years.--Clause (iv) of such 
        section is amended by striking ``beginning on November 15 and 
        ending on December 31 of the year before such year'' and 
        inserting ``the six-month period beginning on November 15 of 
        the year before such year''.
    (b) Conforming Effectiveness of Election.--Section 1851(f)(3) of 
such Act (42 U.S.C. 1395w-21(f)(3)) is amended by inserting after ``the 
following year'' the following: ``, except that in the case of an 
election made on or after January 1 of a year, the election shall take 
effect on the first day of the first month that begins at least 14 days 
after the date of such election''.

SEC. 3. SUSPENSION OF LATE ENROLLMENT PENALTIES FOR MEDICARE 
              PRESCRIPTION DRUG BENEFIT.

    Section 1860D-13(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395w-113(b)(3)(B)) is amended by inserting ``more than two years'' 
after ``any month beginning''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall be effective 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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