[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5691 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5691

   To amend title XVIII of the Social Security Act to provide for a 
 Medicare prescription drug special enrollment period in 2006 for all 
 part D eligible individuals and to waive the late enrollment penalty 
       for low-income individuals who enroll during such period.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2006

  Mrs. Drake 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 title XVIII of the Social Security Act to provide for a 
 Medicare prescription drug special enrollment period in 2006 for all 
 part D eligible individuals and to waive the late enrollment penalty 
       for low-income individuals who enroll during such period.

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

SECTION 1. MEDICARE PRESCRIPTION DRUG SPECIAL ENROLLMENT PERIOD IN 2006 
              FOR ALL PART D ELIGIBLE INDIVIDUALS AND WAIVER OF LATE 
              ENROLLMENT PENALTY FOR LOW-INCOME INDIVIDUALS WHO ENROLL 
              DURING SUCH PERIOD.

    Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-
101(b)(3)) is amended by adding at the end the following new 
subparagraph:
            ``(F) 2006 enrollments.--
                    ``(i) In general.--In the case of a part D eligible 
                individual who is not enrolled in a prescription drug 
                plan under this part (or an MA-PD plan under part C) as 
                of the date of the enactment of this subparagraph, a 
                special enrollment period starting on such date of 
                enactment and ending on November 14, 2006.
                    ``(ii) Treatment of late enrollment penalty.--In 
                establishing the special enrollment period under clause 
                (i), the Secretary shall ensure the following:
                            ``(I) In general.--Subject to subclause 
                        (II), nothing in this subparagraph shall be 
                        construed as affecting the application of 
                        section 1860D-13(b), and the special enrollment 
                        period shall not be treated as an initial 
                        enrollment period for purposes of part C.
                            ``(II) No late enrollment penalties for 
                        low-income.--In the case of a subsidy-eligible 
                        individual (as defined in section 1860D-
                        14(a)(3)) who enrolls in a prescription drug 
                        plan (or an MA-PD plan) during the special 
                        enrollment period under clause (i), any month 
                        that starts before the date of such enrollment 
                        shall not be treated as an `uncovered month' 
                        for purposes of the late enrollment penalty 
                        under section 1860D-13(b).
                    ``(iii) Effective date of enrollment.--In 
                establishing the special enrollment period under clause 
                (i), the Secretary shall ensure that enrollments 
                occurring during the special enrollment period shall 
                take effect with the first day of the first calendar 
                month following the date on which the enrollment 
                occurs.''.
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