110 HR 2149 IH: To amend title XVIII of the Social Security Act to waive U.S. House of Representatives 2007-05-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2149 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.

1.

Short title

This Act may be cited as the Healthcare Eligibility for Late Participants (HELP) in Medicare Part D Act of 2007.

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.

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).

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.