[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4557 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4557

To amend part D of title XVIII of the Social Security Act to remove the 
   Medicare prescription drug benefit late enrollment penalty and to 
  extend the initial enrollment period for 2006 through July 15, 2006.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2005

 Mr. Gerlach 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 remove the 
   Medicare prescription drug benefit late enrollment penalty and to 
  extend the initial enrollment period for 2006 through July 15, 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 ``Medicare Prescription Drug Late 
Enrollment Penalty Repeal Act of 2005''.

SEC. 2. REMOVING THE MEDICARE PRESCRIPTION DRUG BENEFIT LATE ENROLLMENT 
              PENALTY.

    (a) In General.--Section 1860D-13 of the Social Security Act (42 
U.S.C. 1395w-113) is amended--
            (1) in the heading, by striking ``; late enrollment 
        penalty'';
            (2) in subsection (a)(1), by striking subparagraph (D);
            (3) by striking subsection (b); and
            (4) in subsection (c)--
                    (A) in paragraph (1), by striking ``(and any late 
                enrollment penalty)'';
                    (B) by striking paragraph (2); and
                    (C) in paragraph (3), by striking ``paragraph (2) 
                shall not apply and''.
    (b) Conforming Amendments.--
            (1) Section 1860D-1 of such Act (42 U.S.C. 1395w-101) is 
        amended--
                    (A) in subsection (b)--
                            (i) in paragraph (3), by striking 
                        subparagraph (A); and
                            (ii) by striking paragraph (6); and
                    (B) in subsection (c), by striking paragraph (4).
            (2) Section 1860D-11(g)(6) of such Act (42 U.S.C. 1395w-
        111(g)(6)) is amended by striking ``Except for as provided in 
        section 1860D-13(b) (relating to late enrollment penalty) and 
        subject'' and inserting ``Subject''.
            (3) Section 1860D-14 of such Act (42 U.S.C. 1395w-114) is 
        amended--
                    (A) by amending subsection (a)(1)(A) to read as 
                follows:
            ``(A) Full premium subsidy.--An income-related premium 
        subsidy equal to 100 percent of the amount described in 
        subsection (b)(1), but not to exceed the premium amount 
        specified in subsection (b)(2)(B).''; and
                    (B) in subsection (b)(1)(B), by striking ``The 
                premium amounts described in this subparagraph do not 
                include any amounts attributable to late enrollment 
                penalties under section 1860D-13(b).''.
            (4) Section 1860D-16(b)(3) of such Act (42 U.S.C. 1395w-
        116(b)(3)) is amended by striking ``(and the portion of late 
        enrollment penalties)''.
            (5) Section 1860D-41(a) of such Act (42 U.S.C. 1395w-
        141(a)) is amended by striking paragraph (3).
            (6) Section 1882(v)(2)(B)(ii) of such Act (42 U.S.C. 
        1395ss(v)(2)(B)(ii)) is amended to read as follows:
                    ``(ii) If the individual does not enroll in a plan 
                under part D during such period, the individual may 
                continue enrollment in the individual's current plan 
                without change, but the individual will not be 
                guaranteed the option of enrollment in another medicare 
                supplemental policy pursuant to paragraph (3).''.

SEC. 3. EXTENSION OF THE 2006 OPEN ENROLLMENT PERIOD FOR MEDICARE 
              PRESCRIPTION DRUG PLANS.

    Section 1860D-1(b)(2)(A) of the Social Security Act (42 U.S.C. 
1395w-101(b)(2)(A)) is amended by inserting ``, except that such period 
shall continue through July 15, 2006'' before the period.

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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