[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4410 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4410

To amend part D of title XVIII of the Social Security Act to extend the 
   initial enrollment period for Medicare prescription drug benefits 
  through May 15, 2008, to waive penalties for late enrollment before 
 June 1, 2008, and to provide other additional beneficiary protections.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2005

Mr. Larson of Connecticut (for himself, Ms. DeLauro, Mrs. McCarthy, Mr. 
 Doyle, Mr. Stupak, Mr. Wu, Mr. Doggett, Mr. McDermott, Mr. Jefferson, 
    Mr. Becerra, Mr. Capuano, and Mr. Ryan of Ohio) 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 extend the 
   initial enrollment period for Medicare prescription drug benefits 
  through May 15, 2008, to waive penalties for late enrollment before 
 June 1, 2008, and to provide other additional beneficiary protections.

    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 ``Medicare Prescription Drug 
Flexibility for Seniors Act of 2005''.

SEC. 2. EXTENDED PERIODS OF INITIAL ENROLLMENT FOR THE MEDICARE 
              PRESCRIPTION DRUG BENEFIT WITHOUT LATE ENROLLMENT 
              PENALTY.

    (a) Extended Initial Enrollment.--Section 1860D-1(b)(1) of the 
Social Security Act (42 U.S.C. 1395w-101(b)(1)) is amended--
            (1) in subparagraph (B)(iii), by inserting ``subparagraph 
        (D) and'' after ``Subject to''; and
            (2) by adding at the end the following new subparagraph:
            ``(D) Extension of initial enrollment periods.--For 
        purposes of subparagraph (B)(iii), in applying section 
        1851(e)(1), with respect to the annual, coordinated election 
        period--
                    ``(i) for 2006, such period shall begin on November 
                15, 2005, and end on November 14, 2006;
                    ``(ii) for 2007, such period shall begin on 
                November 15, 2006, and end on November 14, 2007; and
                    ``(iii) for 2008, such period shall begin on 
                November 15, 2007, and end on May 15, 2008.''.
    (b) No Late Enrollment Penalties for Enrollment Before June 2008.--
Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w-113(b)(3)(B)) is 
amended by inserting ``(after May 2008)'' after ``any month''.

SEC. 3. PERMITTING MEDICARE BENEFICIARIES ENROLLED UNDER PRESCRIPTION 
              DRUG PLANS THAT CHANGE THEIR FORMULARIES TO ENROLL UNDER 
              OTHER PLANS.

    Section 1860D-1(b)(3) of such Act (42 U.S.C. 1395w-101(b)(3)) is 
amended by adding at the end the following new subparagraph:
            ``(F) Enrollment under prescription drug plans that change 
        their formularies.--In the case of a part D eligible individual 
        who is enrolled in a prescription drug plan that uses a 
        formulary, if the plan removes a covered part D drug from its 
        formulary or changes the preferred or tiered cost-sharing 
        status of such a drug and the individual is adversely affected 
        by such change, there shall be a 60-day special enrollment 
        period beginning on the date on which the individual receives a 
        notice of such removal or change.''.

SEC. 4. CIVIL MONEY PENALTY APPLIED TO EMPLOYERS WHO PROVIDE FALSE 
              STATEMENTS WITH RESPECT TO OFFERING DRUG COVERAGE THAT IS 
              MEDICARE CREDITABLE PRESCRIPTION DRUG COVERAGE.

    Section 1860D-13(b)(6)(B) of such Act (42 U.S.C. 1395w-
113(b)(6)(B)) is amended by adding at the end the following new clause:
                    ``(iii) Civil money penalty for false statements 
                related to employer-sponsored prescription drug 
                coverage.--In the case of an entity that offers 
                prescription drug coverage as part of an employment-
                based group health plan, the Secretary may impose a 
                civil money penalty in an amount not to exceed $10,000 
                for each false or misleading disclosure made by such 
                entity under clause (i). The provisions of section 
                1128A (other than subsections (a) and (b) and the 
                second sentence of subsection (f)) shall apply to a 
                civil money penalty under the previous sentence in the 
                same manner as such provisions apply to a penalty or 
                proceeding under section 1128A(a).''.
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