[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5297 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5297

 To amend title XVIII of the Social Security Act to extend by one year 
 the initial enrollment period for Medicare prescription drug benefits 
and for Medicare Advantage plans, to authorize the Secretary of Health 
 and Human Services to negotiate fair prices for Medicare prescription 
 drugs, and to express the sense of Congress that the Secretary should 
  conduct activities to improve outreach and educational efforts with 
                       respect to such benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2006

Mrs. Jo Ann Davis of Virginia 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 by one year 
 the initial enrollment period for Medicare prescription drug benefits 
and for Medicare Advantage plans, to authorize the Secretary of Health 
 and Human Services to negotiate fair prices for Medicare prescription 
 drugs, and to express the sense of Congress that the Secretary should 
  conduct activities to improve outreach and educational efforts with 
                       respect to such benefits.

    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 ``Improving Access to Medicare Part D 
Act of 2006''.

SEC. 2. ONE-YEAR EXTENSION OF ENROLLMENT PERIOD FOR MEDICARE 
              PRESCRIPTION DRUG BENEFITS AND MA PLANS.

    (a) In General.--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'' and 
        inserting ``November 14, 2006'';
            (2) in clause (iv), by striking ``2007'' and inserting 
        ``2008'' and redesignating such clause as clause (v); and
            (3) by inserting after clause (iii) the following new 
        clause:
                            ``(iv) with respect to 2007, the period 
                        beginning on November 15, 2006, and ending on 
                        May 15, 2007; and''.
    (b) Conforming Amendments Related to Continuous Open Enrollment and 
Disenrollment.--Section 1851(e)(2) of such Act (42 U.S.C. 1395w-
21(e)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) in the heading, by striking ``for first 6 
                months'';
                    (B) in clause (i), by striking ``, subparagraph 
                (C)(iii), and subparagraph (D)'' and inserting ``and 
                subparagraph (E)''; and
                    (C) in clause (i), by striking ``during the first 6 
                months of 2006'' and all that follows through ``is a 
                Medicare+Choice eligible individual,'' and inserting 
                ``during 2006'';
            (2) in subparagraph (C)--
                    (A) in clause (i)--
                            (i) by striking ``subparagraph (D)'' and 
                        inserting ``subparagraph (E)''; and
                            (ii) by striking ``2006'' and inserting 
                        ``2007'' each place it appears; and
                    (B) in clause (iii), by striking ``2006'' and 
                inserting ``2007'';
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (4) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Continuous open enrollment and disenrollment 
                for first 6 months during 2007.--
                            ``(i) In general.--Subject to clause (ii), 
                        subparagraph (D)(iii), and subparagraph (E), at 
                        any time during the first 6 months of 2007, or, 
                        if the individual first becomes a Medicare 
                        Advantage eligible individual during 2007, 
                        during the first 6 months during 2007 in which 
                        the individual is a Medicare Advantage eligible 
                        individual, a Medicare Advantage eligible 
                        individual may change the election under 
                        subsection (a)(1).
                            ``(ii) Limitation of one change.--An 
                        individual may exercise the right under clause 
                        (i) only once. The limitation under this clause 
                        shall not apply to changes in elections 
                        effected during an annual, coordinated election 
                        period under paragraph (3) or during a special 
                        enrollment period under the first sentence of 
                        paragraph (4).''.
    (c) Application of One-Year Enrollment Extension and Conforming 
Amendments to Part D Benefits.--Section 1860D-1(b) of such Act (42 
U.S.C. 1395w-101(b)) is amended--
            (1) in paragraph (1)(B)(iii), by striking ``subparagraphs 
        (B) and (C) of paragraph (2) and'';
            (2) in paragraph (2)(A), by striking ``annual, coordinated 
        open election period described in section 1851(e)(3)(B)(iii)'' 
        and inserting ``period beginning on the first day of the 
        annual, coordinated open election period described in clauses 
        (iii) of section 1851(e)(3)(B) and ending on the last day of 
        the annual, coordinated open election period described in 
        clause (iv) of such section''; and
            (3) in paragraph (2)(B), by striking ``before the period 
        described in subparagraph (A)'' and inserting ``before the end 
        of the annual, coordinated open election period described in 
        section 1851(e)(3)(B)(iv)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS ON 
              BEHALF OF MEDICARE BENEFICIARIES.

    Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) 
is amended by striking subsection (i) (relating to noninterference) and 
by inserting the following:
    ``(i) Authority to Negotiate Prices With Manufacturers.--In order 
to ensure that each part D eligible individual who is enrolled under a 
prescription drug plan or an MA-PD plan pays the lowest possible price 
for covered part D drugs, the Secretary shall have authority similar to 
that of other Federal entities that purchase prescription drugs in bulk 
to negotiate contracts with manufacturers of covered part D drugs, 
consistent with the requirements of this part and in furtherance of the 
goals of providing quality care and containing costs under this 
part.''.

SEC. 4. SENSE OF CONGRESS RELATED TO IMPROVED MEDICARE PRESCRIPTION 
              DRUG BENEFIT OUTREACH AND EDUCATION.

    It is the sense of Congress that the Secretary of Health and Human 
Services should conduct activities (and improve current activities 
conducted by the Secretary), with respect to individuals eligible for 
the medicare prescription drug benefits, to--
            (1) raise the awareness and improve the education of such 
        individuals with respect to such benefits;
            (2) improve and enhance outreach and enrollment assistance 
        for such benefits; and
            (3) provide for the accessibility of appropriate experts 
        with respect to such benefits (at national, State, and local 
        levels) to ensure that such individuals understand the benefits 
        for which they are eligible.
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