[Congressional Record Volume 151, Number 167 (Wednesday, December 21, 2005)]
[Senate]
[Page S14329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Nelson of Florida):
  S. 2168. A bill to amend title XVIII of the Social Security Act to 
provide extended and additional protections to Medicare beneficiaries 
enrolled under part C or D or such title; to the Committee on Finance.
  Ms. SNOWE. Mr. President, I rise today to introduce the Medicare Drug 
Benefit Protections Act of 2005 with my colleague, Senator Bill Nelson. 
Our bill provides additional protections for Medicare beneficiaries 
enrolling in the new Medicare Part D prescription drug benefit, 
protections which we believe are essential. Our bill extends the 
initial enrollment period for the new benefit until the end of 2006, 
provides more flexibility for beneficiaries to change plans, and adds 
crucial protections for those enrolled in a plan.
  We are now in the midst of the rollout of the new Medicare drug 
benefit, and, as of November 15, seniors and individuals with 
disabilities on Medicare have begun enrolling in various plans. 
Unfortunately, many seniors are confused and angry, frustrated and 
concerned that they do not have adequate information about the plans 
being offered. Seniors may ultimately decide not to enroll in a plan if 
they do not have enough expert assistance--readily available and 
accessible--to help them choose an appropriate plan. To make matters 
worse, many say the information available from the Centers for Medicare 
and Medicaid Services, CMS, the agency overseeing the plan, is either 
not helpful or simply overwhelming.
  Beneficiaries are worried they could make a poor choice in selecting 
a plan and that, once enrolled, the drugs offered by the plan they 
choose may not be the drugs they need. We must assure them that they 
will not be saddled with monthly premiums for plans which, in the end, 
do not adequately cover their prescription drug needs.
  Our bill would address these concerns in several ways. The bill 
includes two provisions from Senator Nelson's bill, the Medicare 
Informed Choice Act of 2005, which give beneficiaries additional 
protection. The bill extends the initial six-month period for enrolling 
in a plan from May 15, 2006, to December 31, 2006, thus delaying late 
enrollment penalties until 2007 and giving beneficiaries the rest of 
this year and all of next year to decide whether to enroll in a plan. 
Once beneficiaries have enrolled in a plan, the bill provides a one-
time opportunity during 2006 to change to another plan without penalty, 
should they wish to do so.
  The Medicare Drug Benefit Protections Act includes additional 
safeguards, as well. Seniors are getting misinformation from the CMS 
website, especially in regard to the cost of drugs being offered by 
certain plans. Seniors in my home State of Maine have experienced 
serious problems with inaccurate drug pricing information being 
provided by the CMS website devoted to the new Medicare Part D plans, 
www.medicare.gov. In one instance, the CMS website quoted one price for 
a senior's drug costs for 2006 but the plan itself quoted a cost of 
approximately $2,000 more than the CMS website. Under our bill, 
beneficiaries could change plans without penalty if they relied on 
misinformation from CMS to their detriment.
  Beneficiaries would also be allowed to change plans without penalty 
should their circumstances change significantly, due to medical 
reasons, for example. Beneficiaries who meet these criteria would have 
an extended period of time to change plans, a minimum of four months 
rather than the current 90 days. The bill would also extend the annual 
open season, as of 2007, from November 15th through December 31st, to a 
full two months, from November 1st through December 31st, in order to 
allow all beneficiaries more time outside the busy and travel-filled 
holiday season to study and compare plans should they wish to make a 
change.
  Finally, our bill authorizes $25 million in funding for grants to 
States, non-profit organizations, and other entities to conduct 
additional education and outreach efforts on the drug benefit during 
fiscal years 2007 and 2008.
  Our goal is to ensure that beneficiaries have sufficient time, 
comfort, and peace of mind to understand the new drug benefit and 
enroll in a plan well-suited to their needs so they can derive the 
much-needed assistance with their prescription drugs offered by these 
plans. We must provide flexibility, safeguards, and outreach efforts 
beyond what currently exists to reduce the anxiety and frustration that 
too many seniors are experiencing today.
  The new Medicare drug benefit is the first comprehensive outpatient 
prescription drug benefit in the 40-year history of Medicare. The 
benefit is not perfect by any means, but rather a beginning. I will 
continue working to improve this benefit so that it will truly deliver 
the assistance that our seniors so desperately need and deserve to 
have.
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