109 HR 5691 IH: To amend title XVIII of the Social Security Act to U.S. House of Representatives 2006-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5691 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.

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. .