[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1108 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1108

 To amend title XVIII of the Social Security Act to provide a special 
  enrollment period for individuals who qualify for an income-related 
  subsidy under the Medicare prescription drug program and to provide 
 funding for the conduct of outreach and education with respect to the 
 premium and cost-sharing subsidies under such program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2007

Mr. Smith (for himself, Mr. Bingaman, Ms. Snowe, Mrs. Lincoln, and Mr. 
Kerry) 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 provide a special 
  enrollment period for individuals who qualify for an income-related 
  subsidy under the Medicare prescription drug program and to provide 
 funding for the conduct of outreach and education with respect to the 
 premium and cost-sharing subsidies under such program, and for other 
                               purposes.

    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 Part D Outreach and 
Enrollment Enhancement Act of 2007''.

SEC. 2. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN 
              INCOME-RELATED SUBSIDY.

    (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social 
Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the 
end the following new subparagraph:
                    ``(F) Eligibility for low-income subsidy.--
                            ``(i) In general.--Subject to clause (iii), 
                        in the case of an applicable individual (as 
                        defined in clause (ii)).
                            ``(ii) Applicable individual defined.--For 
                        purposes of this subparagraph, the term 
                        `applicable individual' means a part D eligible 
                        individual who is determined to be a subsidy-
                        eligible individual (as defined in section 
                        1860D-14(a)(3)), including such an individual 
                        who was enrolled in a prescription drug plan or 
                        an MA-PD plan on the date of such 
                        determination.
                            ``(iii) Timing of special enrollment 
                        period.--The special enrollment period 
                        established under this subparagraph shall be 
                        for a 90-day period beginning on the date the 
                        applicable individual receives notification of 
                        such determination.''.
    (b) Enrollment Process for Subsidy-Eligible Individuals Eligible 
for Special Enrollment Period.--Section 1860D-1(b)(1) is amended by 
adding at the end the following new subparagraph:
                    ``(D) Special rule for subsidy-eligible individuals 
                eligible for special enrollment period.--The process 
                established under subparagraph (A) shall include, in 
                the case of an applicable individual (as defined in 
                clause (ii) of paragraph (3)(F)) the following:
                            ``(i) Facilitated enrollment.--During the 
                        90-day period described in clause (iii) of such 
                        paragraph, a process for the facilitated 
                        enrollment of the individual in the 
                        prescription drug plan or MA-PD plan that is 
                        most appropriate for such individual (as 
                        determined by the Secretary). At the end of 
                        such 90-day period, the individual shall be 
                        enrolled in such plan unless the individual 
                        declines enrollment in the plan or in the 
                        program under this part, or chooses to enroll 
                        in another plan selected by the individual 
                        prior to the end of such 90-day period.
                            ``(ii) One-time change of enrollment.--The 
                        opportunity to change enrollment with a 
                        prescription drug plan or an MA-PD plan not 
                        less than once during a plan year. Nothing in 
                        the previous sentence shall limit the ability 
                        of a part D eligible individual who is a full-
                        benefit dual eligible individual (as defined in 
                        section 1935(c)(6)) to change enrollment under 
                        subparagraph (C)''.
    (c) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the 
Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at 
the end the following new paragraph:
            ``(8) Waiver of penalty for subsidy-eligible individuals.--
        In no case shall a part D eligible individual who is determined 
        to be a subsidy-eligible individual (as defined in section 
        1860D-14(a)(3)) be subject to an increase in the monthly 
        beneficiary premium established under subsection (a).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2008.

SEC. 3. OUTREACH AND EDUCATION FOR PREMIUM AND COST-SHARING SUBSIDIES 
              UNDER PART D.

    (a) Additional Funding for Outreach and Assistance.--
            (1) State health insurance assistance programs.--There are 
        authorized to be appropriated for each of fiscal years 2008, 
        2009, 2010, and 2011, an amount equal to $1 multiplied by the 
        total number of individuals entitled to benefits, or enrolled, 
        under part A of title XVIII of the Social Security Act, or 
        enrolled under part B of such title during the fiscal year (as 
        determined by the Secretary of Health and Human Services, based 
        on the most recent available data before the beginning of the 
        fiscal year) to be used to provide additional grants to State 
        Health Insurance Assistance Programs (SHIPs) to conduct 
        outreach and education related to the Medicare program under 
        such title.
            (2) National center on senior benefits outreach and 
        enrollment.--
                    (A) In general.--There are appropriated $4,000,000 
                to the National Center on Senior Benefits Outreach and 
                Enrollment established under section 202(a)(20)(B) of 
                the Older Americans Act of 1965 (42 U.S.C. 
                3012(a)(20)(B)) to be used to provide outreach and 
                enrollment assistance with respect to premium and cost-
                sharing subsidies under the Medicare prescription drug 
                program under part D of title XVIII of the Social 
                Security Act (42 U.S.C. 1395w-101 et seq.).
                    (B) Coordination.--The National Center on Senior 
                Benefits Outreach and Enrollment shall coordinate 
                outreach and enrollment assistance conducted under 
                subparagraph (A) with activities conducted by State 
                Health Insurance Assistance Programs (SHIPs) and other 
                appropriate entities that conduct outreach and 
                education related to such premium and cost-sharing 
                subsidies.
    (b) Encouraging States To Direct Subsidy-Eligible Individuals to 
Organizations Providing Assistance.--
            (1) In general.--The Secretary of Health and Human Services 
        shall encourage States to direct applicable individuals to 
        appropriate organizations and entities that provide assistance 
        with respect to--
                    (A) applying for premium and cost-sharing subsidies 
                under section 1860D-14 of the Social Security Act (42 
                U.S.C. 1395w-114); and
                    (B) enrolling in a prescription drug plan or an MA-
                PD plan under part D of title XVIII of the Social 
                Security Act (42 U.S.C. 1395w-101 et seq.).
            (2) Applicable individuals defined.--In this subsection, 
        the term ``applicable individual'' means an individual the 
        State believes to be, or determines to be, eligible for premium 
        and cost-sharing subsidies under section 1860D-14 of the Social 
        Security Act (42 U.S.C. 1395w-114).

SEC. 4. SCREENING BY COMMISSIONER OF SOCIAL SECURITY FOR ELIGIBILITY 
              UNDER MEDICARE SAVINGS PROGRAMS.

    (a) In General.--Section 1860D-14(a)(3)(B)(i) of the Social 
Security Act (42 U.S.C. 1395w-114(a)(3)(B)(i)) is amended by inserting 
after the first sentence the following: ``As part of making an 
eligibility determination under the preceding sentence for an 
individual, the Commissioner shall screen for the individual's 
eligibility for medical assistance for any medicare cost-sharing 
described in section 1905(p)(3) and, if the screening indicates the 
individual is likely eligible for any such medicare cost-sharing, 
transmit the pertinent information to the appropriate State Medicaid 
agency for the determination of eligibility and enrollment of the 
individual for such medicare cost-sharing under the State plan (or 
under a waiver of such plan).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.

SEC. 5. ADMINISTRATION ON AGING STUDY AND REPORT ON SCREENING PROCESSES 
              USED BY GOVERNMENT NEEDS-BASED PROGRAMS.

    (a) Study.--
            (1) In general.--The Assistant Secretary of the 
        Administration on Aging (in this section referred to as the 
        ``Assistant Secretary'') shall conduct a comprehensive study of 
        screening processes used by government needs-based programs.
            (2) Matters studied.--In conducting the study under 
        paragraph (1), the Assistant Secretary shall--
                    (A) assess any duplications of effort under 
                existing screening processes used by government needs-
                based programs;
                    (B) determine the feasibility of creating a uniform 
                screening process for such needs-based programs;
                    (C) determine how the Federal government, State 
                governments, and community-based organizations can 
                better coordinate existing screening processes in order 
                to facilitate the enrollment of seniors into need-based 
                programs;
                    (D) include a cost-benefit analysis with respect to 
                creating a uniform screening process or better 
                streamlining existing screening processes; and
                    (E) determine the feasibility of using the Internet 
                to administer screening processes, as well as the costs 
                and benefits of migrating to on online system.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Assistant Secretary shall submit a report to Congress 
containing the results of the study conducted under subsection (a), 
together with recommendations--
            (1) to streamline and improve the effectiveness of 
        screening processes used by government needs-based programs; 
        and
            (2) for such legislation or administrative action as the 
        Assistant Secretary determines appropriate.
    (c) Authorization.--There are authorized to be appropriated such 
sums as are necessary to carry out this section.
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