[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2945 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2945

 To amend part C of title XVIII of the Social Security Act to provide 
   beneficiary protections against excessive cost-sharing under the 
                      Medicare Advantage Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2007

  Mr. Stark introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, 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 C of title XVIII of the Social Security Act to provide 
   beneficiary protections against excessive cost-sharing under the 
                      Medicare Advantage Program.

    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 Advantage Truth in 
Advertising Act of 2007''.

SEC. 2. PROTECTION AGAINST EXCESSIVE MA COST-SHARING.

    (a) In General.--Section 1852(a)(1) of the Social Security Act (42 
U.S.C. 1395w-22(a)(1)) is amended--
            (1) in subparagraph (A), by inserting before the period at 
        the end the following: ``with cost-sharing that is no greater 
        (and may be less) than the cost-sharing that would otherwise be 
        imposed under such program option'';
            (2) in subparagraph (B)(i), by striking ``or an actuarially 
        equivalent level of cost-sharing as determined in this part''; 
        and
            (3) by amending clause (ii) of subparagraph (B) to read as 
        follows:
                            ``(ii) Permitting use of flat copayment or 
                        per diem rate.--Nothing in clause (i) shall be 
                        construed as prohibiting an MA plan from using 
                        a flat copayment or per diem rate, in lieu of 
                        the cost-sharing that would be imposed under 
                        part A or B, so long as the amount of the cost-
                        sharing imposed does not exceed the amount of 
                        the cost-sharing that would be imposed under 
                        the respective part if the individual were not 
                        enrolled in a plan under this part.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to plan years beginning on or after January 1, 2009.
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