II 109th CONGRESS 2d Session S. 2811 IN THE SENATE OF THE UNITED STATES May 16, 2006 Ms. Stabenow (for herself and Mr. Dorgan) 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 extend the annual, coordinated election period under the Medicare part D prescription drug program through all of 2006 and to provide for a refund of excess premiums paid during 2006, and for other purposes.

1.

Short title

This Act may be cited as the Medicare Enrollment Fairness Act of 2006.

2.

Extending the annual, coordinated election period through all of 2006

(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 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). . (b)

One-Time change of plan enrollment for Medicare Prescription Drug Benefit during all of 2006

(1)

In general

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

Conforming amendment

Section 1860D–1(b)(1)(B)(iii) of the Social Security 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). (c)

Effective date

The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2071).

3.

Increased funding for State health insurance counseling and assistance programs

(a)

In General

There are hereby appropriated to the Secretary of Health and Human Services (in this section referred to as the Secretary) an amount equal to $2 multiplied by the total number of individuals eligible for benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). Such funds shall— (1)be used by the Secretary to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b–4); and (2)remain available until expended. (b)

Allocation of Grant Funds

The Secretary shall ensure that funds appropriated under this section are allocated to States in an amount equal to the proportion of the number of residents in the State that are eligible for benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) in relation to the total number of individuals eligible for such benefits under such title.