[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1310 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1310

To amend part D of title XVIII of the Social Security Act to waive the 
late enrollment penalty under such part for 2006 and 2007 and to fully 
 subsidize any such penalties subsequently imposed for part D subsidy-
                         eligible individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2007

 Mr. Altmire 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 part D of title XVIII of the Social Security Act to waive the 
late enrollment penalty under such part for 2006 and 2007 and to fully 
 subsidize any such penalties subsequently imposed for part D subsidy-
                         eligible individuals.

    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 ``Relief and Elimination of the 
Medicare Enrollment Deadline Penalty (REMEDY) Act of 2007''.

SEC. 2. WAIVER OF MEDICARE PART D LATE ENROLLMENT PENALTY FOR 2006 AND 
              2007.

    (a) In General.--Section 1860D-13(b)(3)(B) of the Social Security 
Act (42 U.S.C. 1395w-113(b)(3)(B)) is amended by inserting ``(after 
December 2007)'' after ``any month''.
    (b) Effective Date; Rebates of Certain Penalties Previously 
Collected.--
            (1) Effective date.--The amendment made by subsection (a) 
        shall take effect as if included in the enactment of the 
        Medicare Prescription Drug, Improvement, and Modernization Act 
        of 2003 (Public Law 108-173).
            (2) Rebates of certain penalties previously collected.--The 
        Secretary of Health and Human Services shall establish a method 
        for providing rebates of late enrollment penalties paid 
        pursuant to section 1860D-13(b) of the Social Security Act (42 
        U.S.C. 1395w-113(b)(3)(B)) for months before the date of the 
        enactment of this Act for which a penalty does not apply under 
        the amendment made by subsection (a) but for which a penalty 
        was previously collected. The amount of any rebate provided 
        under this paragraph shall not be treated as income for 
        purposes of determining the eligibility for or the amount of 
        assistance under section 1860D-14 of the Social Security Act 
        (42 U.S.C. 1395w-114) or to determine the eligibility for or 
        the amount of assistance under any other Federal or federally 
        assisted program that bases eligibility, or the amount of 
        benefits, on need.

SEC. 3. ELIMINATION OF MEDICARE PART D LATE ENROLLMENT PENALTIES PAID 
              BY LOW-INCOME SUBSIDY-ELIGIBLE INDIVIDUALS FOR PERIODS 
              AFTER 2007.

    (a) Individuals With Income Below 135 Percent of Poverty Line.--
Paragraph (1)(A)(ii) of section 1860D-14(a) of the Social Security Act 
(42 U.S.C. 1395w-114(a)) is amended to read as follows:
                    ``(ii) 100 percent of any late enrollment penalties 
                imposed under section 1860D-13(b) for such 
                individual.''.
    (b) Individuals With Income Between 135 and 150 Percent of Poverty 
Line.--Paragraph (2)(A) of such section is amended--
            (1) by inserting ``equal to (i) an amount'' after ``premium 
        subsidy'';
            (2) by striking ``paragraph (1)(A)'' and inserting ``clause 
        (i) of paragraph (1)(A)''; and
            (3) by adding at the end before the period the following: 
        ``, plus (ii) 100 percent of the amount described in clause 
        (ii) of such paragraph for such individual''.
    (c) Effective Date.--The amendments made by this section shall 
apply to subsidies for months beginning with January 2008.
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