[Congressional Record Volume 152, Number 20 (Thursday, February 16, 2006)]
[Senate]
[Pages S1432-S1433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Dayton):
  S. 2313. A bill to amend title XVII of the Social Security Act to 
permit medicare beneficiaries enrolled in prescription drug plans and 
MA-PD plans that change their formalities or increase drug prices to 
enroll in other plans; to the Committee on Finance.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2313

       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 Drug Honest Pricing 
     Act of 2006''.

     SEC. 2. PERMITTING MEDICARE BENEFICIARIES ENROLLED IN 
                   PRESCRIPTION DRUG PLANS AND MA-PD PLANS THAT 
                   CHANGE THEIR FORMULARIES OR INCREASE DRUG 
                   PRICES TO ENROLL IN OTHER PLANS.

       (a) Special Enrollment Period.--
       (1) In general.--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 subparagraphs:
       ``(F) Enrollment under plans that change their 
     formularies.--In the case of a

[[Page S1433]]

     part D eligible individual who is enrolled in a prescription 
     drug plan that uses a formulary, if the plan removes a 
     covered part D drug from its formulary or changes the 
     preferred or tiered cost-sharing status of such a drug and 
     the individual is adversely affected by such change, there 
     shall be a 60-day special enrollment period for the 
     individual beginning on the date on which the individual 
     receives a notice of such removal or change.
       ``(G) Enrollment under plans that increase negotiated 
     prices.--In the case of a part D eligible individual who is 
     enrolled in a prescription drug plan in which the negotiated 
     price used for payment for any covered part D drug increases 
     by 10 percent or more from the negotiated price used for 
     payment for the drug as of January 1 of the year (as 
     disclosed to the Secretary pursuant to section 1860D-
     2(d)(4)(A)).''.
       (2) Informing beneficiaries of negotiated prices.--Section 
     1860D-2(d) of the Social Security Act (42 U.S.C. 1395w-
     102(d)) is amended by adding at the end the following new 
     paragraph:
       ``(4) Informing beneficiaries of negotiated prices.--
       ``(A) Requiring plans to disclose negotiated prices to the 
     secretary.--Not later than November 8 of each year (beginning 
     with 2006), each sponsor of a prescription drug plan shall 
     disclose to the Secretary (in a manner specified by the 
     Secretary) the negotiated price used for payment for each 
     covered part D drug covered under the plan that will apply 
     under the plan on January 1 of the subsequent year.
       ``(B) Secretary to make negotiated prices available on the 
     cms website.--Not later than November 15 of each year 
     (beginning with 2006), the Secretary shall make information 
     disclosed under subparagraph (A) available to the public 
     through the Internet website of the Centers for Medicare & 
     Medicaid Services.
       ``(C) Requiring plans to inform beneficiaries of january 1 
     negotiated price.--Not later than January 10 of each year 
     (beginning with 2007), each sponsor of a prescription drug 
     plan shall appropriately inform (as determined by the 
     Secretary) part D eligible individuals enrolled in the plan 
     for the year of the negotiated price used for payment for 
     each covered part D drug that is covered under the plan that 
     was disclosed to the Secretary under subparagraph (A).''.
       (b) Regulations.--The Secretary of Health and Human 
     Services shall promulgate regulations to carry out the 
     amendments made by this section.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 1, 2007.
                                 ______