II 109th CONGRESS 1st Session S. 1841 IN THE SENATE OF THE UNITED STATES October 6, 2005 Mr. Nelson of Florida (for himself, Ms. Stabenow, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide extended and additional protection to Medicare beneficiaries who enroll for the Medicare prescription drug benefit during 2006.

1.

Short title

This Act may be cited as the The Medicare Informed Choice Act of 2005.

2.

Extended period of open enrollment during all of 2006 without late enrollment penalty

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 inserting December 31, 2006; and (2)by adding at the end the following new sentence: An individual making an election during the period beginning on November 15, 2006, and ending on December 15, 2006, shall specify whether the election is to be effective with respect to 2006 or with respect to 2007 (or both)..

3.

One-time change of plan enrollment for medicare prescription drug benefit during all of 2006

(a)

Application to MA–PD plans

Section 1851(e) of the Social Security Act (42 U.S.C. 1395w–21(e)) is amended— (1)in paragraph (2)(B)— (A)in the heading, by striking for first 6 months; (B)in clause (i)— (i)by striking the first 6 months of 2006 and inserting 2006; and (ii)by striking the first 6 months during 2006 and inserting 2006; (C)in clause (ii), by inserting (other than during 2006) after paragraph (3); and (D)in clause (iii), by striking 2006 and inserting 2007; and (2)in paragraph (4), by striking 2006 and inserting 2007 each place it appears. (b)

Conforming amendment to part D

Section 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by striking subparagraphs (B) and (C) of paragraph (2) and inserting paragraph (2)(C).

4.

Protection from loss of employment-based retiree health coverage upon enrollment for medicare prescription drug benefit during 2006

Section 1860D–22(a)(2) (42 U.S.C. 1395w–132(a)(2)) is amended by adding at the end the following new subparagraph: (D)

Protection from loss of employment-based coverage

The sponsor of the plan may not involuntarily discontinue coverage of an individual under a group health plan before January 1, 2007, based upon the individual’s decision to enroll in a prescription drug plan or an MA–PD plan under this part. .

5.

Effective date

The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173).