II 112th CONGRESS 1st Session S. 1999 IN THE SENATE OF THE UNITED STATES December 15, 2011 Ms. Klobuchar (for herself and Mr. Franken) 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 apply the frailty adjustment under PACE payment rules to certain specialized MA plans for special needs individuals.

1.

Short title

This Act may be cited as the Senior Medicare Fairness Act.

2.

Application of MA frailty adjustment

Section 1853(a)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395w–23(a)(1)(B)(iv)) is amended— (1)in subclause (I), by adding at the end the following new sentence: For plan year 2013 and subsequent plan years, with respect to a plan that is described in subclause (III), the Secretary shall apply payment rules under section 1894(d) (other than paragraph (3) of such section) rather than the payment rules that would otherwise apply under this part for plan enrollees described in section 1894(c).; and (2)by adding at the end the following new subclause: (III)

Plan described

A plan described in this subclause is a specialized MA plan for special needs individuals described in section 1859(b)(6)(B)(ii) that offers integrated Medicare and Medicaid services under a contract with the State Medicaid agency under title XIX and is offered by an MA organization that as of January 1, 2010, had a contract with such State Medicaid agency that participated in the Demonstrations Serving Those Dually-Eligible for Medicare and Medicaid under this title. .