[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2168 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 2168

To amend title XVIII of the Social Security Act to provide extended and 
additional protections to Medicare beneficiaries enrolled under part C 
                          or D of such title.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2005

    Ms. Snowe (for herself and Mr. Nelson of Florida) 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 protections to Medicare beneficiaries enrolled under part C 
                          or D of such title.

    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 Drug Benefit Protections 
Act of 2005''.

SEC. 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).''.

SEC. 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''; and
                    (C) in clause (ii), by inserting ``(other than 
                during 2006)'' after ``paragraph (3)''; 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)''.

SEC. 4. EXTENSION OF ANNUAL, COORDINATED ELECTION PERIOD UNDER PARTS C 
              AND D.

    (a) In General.--Section 1851(e)(3)(B)(iv) of the Social Security 
Act (42 U.S.C. 1395w-1(e)(3)(B)(iv)) is amended by striking ``November 
15'' and inserting ``November 1''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to annual, coordinated election periods beginning after December 
31, 2005.

SEC. 5. EXPANSION OF SPECIAL ELECTION PERIODS UNDER PARTS C AND D.

    (a) In General.--Section 1851(e)(4) of the Social Security Act (42 
U.S.C. 1395w-1(e)(4)) is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E);
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the individual relied on misinformation from 
                the Secretary regarding the plan; or'';
            (4) in subparagraph (E), as so redesignated, by inserting 
        ``, which shall include conditions relating to a material 
        change in circumstances, such as medical reasons'' before the 
        period at the end; and
            (5) by adding at the end the following: ``Any special 
        election period under this paragraph shall be for a period of 
        not less than 120 days.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on such date (not later than 90 days after the date of 
enactment of this Act) as the Secretary of Health and Human Services 
shall specify.

SEC. 6. GRANTS FOR OUTREACH AND EDUCATION ON THE MEDICARE PRESCRIPTION 
              DRUG BENEFIT.

    (a) In General.--The Secretary of Health and Human Services shall 
award grants to States, nonprofit organizations, and other appropriate 
entities to conduct outreach and educational activities with respect to 
the prescription drug benefit under part D of title XVIII of the Social 
Security Act.
    (b) Application.--An entity that desires a grant under this section 
shall submit an application at such time, in such form, and containing 
such information as the Secretary may require, including a plan for the 
use of funds that may be awarded.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2007 and 2008.
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