[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2149 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2149

   To amend title XVIII of the Social Security Act to waive the late 
enrollment penalty under the Medicare part D benefit for certain months 
 for individuals who are first eligible to enroll for such benefit for 
2006 or 2007 and who enroll by the end of the first annual, coordinated 
election period following their initial enrollment period, to limit the 
  amount of such penalty, and to require the Secretary of Health and 
           Human Services to conduct a study on such penalty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2007

 Mr. English of Pennsylvania 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 waive the late 
enrollment penalty under the Medicare part D benefit for certain months 
 for individuals who are first eligible to enroll for such benefit for 
2006 or 2007 and who enroll by the end of the first annual, coordinated 
election period following their initial enrollment period, to limit the 
  amount of such penalty, and to require the Secretary of Health and 
           Human Services to conduct a study on such penalty.

    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 ``Healthcare Eligibility for Late 
Participants (HELP) in Medicare Part D Act of 2007''.

SEC. 2. MEDICARE PART D LATE ENROLLMENT PENALTY WAIVED FOR MONTHS 
              BEFORE INITIAL ENROLLMENT OF INDIVIDUALS WHO ARE FIRST 
              ELIGIBLE TO ENROLL FOR 2006 OR 2007 AND WHO ENROLL BY THE 
              END OF THE FIRST ANNUAL, COORDINATED ELECTION PERIOD 
              FOLLOWING THEIR INITIAL ENROLLMENT PERIOD.

    (a) In General.--Section 1860D-13(b)(3) of the Social Security Act 
(42 U.S.C. 1395w-113(b)(3)) is amended--
            (1) in subparagraph (B), by inserting ``subject to 
        subparagraph (C),'' after ``For purposes of this subsection,''; 
        and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Special rule for 2006 and 2007.--For purposes 
                of subparagraph (B), the term `uncovered month' shall 
                not include--
                            ``(i) in the case of an individual whose 
                        initial enrollment period under section 1860D-
                        1(b)(2) ends before November 15, 2006, and who 
                        enrolls under a prescription drug plan or MA-PD 
                        plan during the annual, coordinated election 
                        period under section 1851(e)(3)(B), as applied 
                        under section 1860D-1(b)(1)(B)(iii), that 
                        begins on such date, any month before January 
                        2007; and
                            ``(ii) in the case of an individual whose 
                        initial enrollment period under section 1860D-
                        1(b)(2) begins on or after November 15, 2006, 
                        but ends before November 15, 2007, and who 
                        enrolls under a prescription drug plan or MA-PD 
                        plan during the annual, coordinated election 
                        period under section 1851(e)(3)(B), as applied 
                        under section 1860D-1(b)(1)(B)(iii), that 
                        begins on November 15, 2007, any month before 
                        January 2008.''.
    (b) Effective Date; Rebates for Penalties Previously Collected.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall be effective as if included in the enactment of the 
        Medicare Prescription Drug, Improvement, and Modernization Act 
        of 2003 (Public Law 108-173).
            (2) Rebates for 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 amendments made by subsection (a) but for which a penalty 
        was previously collected.

SEC. 3. LIMITATION ON AMOUNT OF MEDICARE PRESCRIPTION DRUG LATE 
              ENROLLMENT PENALTY.

    (a) In General.--Such section, as amended by section 2, is further 
amended--
            (1) in subparagraph (A), by striking ``The amount'' and 
        inserting ``Subject to subparagraph (C), the amount''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Limitation on amount of penalty.--In no case 
                shall the amount determined under subparagraph (A) for 
                a part D eligible individual for a continuous period of 
                eligibility exceed 25 percent of the base beneficiary 
                premium computed under subsection (a)(2).''.
    (b) Effective Date.--The amendments made by subsection (a) shall be 
effective as if included in the enactment of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

SEC. 4. REPORT ON MEDICARE PART D LATE ENROLLMENT PENALTY.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Health and Human Services shall submit to 
Congress a report on the Medicare prescription drug late enrollment 
penalty under section 1860D-13(b) of the Social Security Act (42 U.S.C. 
1395w-113(b)). Such report shall include the following information:
            (1) The number of individuals who are subject to and paying 
        such penalty.
            (2) The average amount of such penalty.
            (3) The number of subsidy eligible individuals (as defined 
        in section 1860D-14(a)(3) of such Act (42 U.S.C. 1395w-
        114(a)(3))) who are individuals described in paragraph (1) and 
        the average amount of such penalty paid by such subsidy 
        eligible individuals.
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