II 

109TH CONGRESS 

2D SESSION S. 2260 

To amend titles XVIII and XIX of the Social Security Act to make improvements to payments to Medicare Advantage plans and to reinstate protections in the Medicaid program for working families, their children, and 

the disabled against excessive out-of-pocket costs, inadequate benefits, 

and health care coverage loss. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2006 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend titles XVIII and XIX of the Social Security Act 

to make improvements to payments to Medicare Advantage plans and to reinstate protections in the Medicaid 

program for working families, their children, and the 

disabled against excessive out-of-pocket costs, inadequate 

benefits, and health care coverage loss. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Patients Before Profits 

5 Act of 2006’’. 
2 

•S 2260 IS

1 SEC. 2. ELIMINATION OF CERTAIN MEDICARE ADVANTAGE 

2 OVERPAYMENTS. 

3 (a) IN GENERAL.—Section 1853(a)(1)(C)(ii) of the 

4 Social Security Act (42 U.S.C. 1395w–23(a)(1)(C)(ii)), as 

5 added by section 5301 of the Deficit Reduction Act of 

6 2005, is amended— 

7 (1) in the heading, by striking ‘‘DURING PHASE8 OUT OF BUDGET NEUTRALITY FACTOR’’; 

9 (2) in the matter preceding subclause (I), by 

10 striking ‘‘through 2010’’ and inserting ‘‘and subse11 quent years’’; and 

12 (3) in subclause (II), by striking ‘‘only for 

13 2008, 2009, and 2010’’ and inserting ‘‘for 2008 and 

14 subsequent years’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect as if included in the enact17 ment of section 5301 of the Deficit Reduction Act of 2005. 

18 SEC. 3. ELIMINATION OF PRIVATE INSURANCE SLUSH 

19 FUND. 

20 (a) ELIMINATION.—Subsection (e) of section 1858 of 

21 the Social Security Act (42 U.S.C. 1395w–27a) is re22 pealed. 

23 (b) CONFORMING AMENDMENT.—Section 1858(f)(1) 

24 of the Social Security Act (42 U.S.C. 1395w–27a(f)(1)) 

25 is amended by striking ‘‘subject to subsection (e),’’. 
3 

•S 2260 IS

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as if included in the enact3 ment of section 221(c) of the Medicare Prescription Drug, 

4 Improvement, and Modernization Act of 2003 (Public Law 

5 108–173; 117 Stat. 2181). 

6 SEC. 4. REINSTATING PROTECTIONS FOR ADEQUATE BENE7 FITS AND AFFORDABLE COST SHARING. 

8 (a) REPEAL OF STATE OPTION FOR ALTERNATIVE

9 PREMIUMS AND COST SHARING.— 

10 (1) REPEAL.—Section 1916A of the Social Se11 curity Act, as added by sections 6041(a), 6042(a), 

12 and 6043(a) of the Deficit Reduction Act of 2005, 

13 is repealed. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) Subsection (y) of section 1903 of the 

16 Social Security Act (42 U.S.C. 1396b), as 

17 added by section 6043(b) of the Deficit Reduc18 tion Act of 2005, is repealed. 

19 (B) Section 1916 of the Social Security 

20 Act (42 U.S.C. 1396o) is amended— 

21 (i) in subsection (f), by striking ‘‘and 

22 section 1916A’’ after ‘‘(b)(3)’’; and 

23 (ii) by striking subsection (h). 

24 (b) REPEAL OF STATE OPTION OF PROVIDING

25 BENCHMARK BENEFIT PACKAGES.—Section 1937 of the 
4 

•S 2260 IS

1 Social Security Act, as added by section 6044(a) of the 

2 Deficit Reduction Act of 2005, is repealed. 

3 (c) REPEAL OF HEALTH OPPORTUNITY ACCOUNTS

4 DEMONSTRATION.—Section 1938 of the Social Security 

5 Act, as added by section 6082 of the Deficit Reduction 

6 Act of 2005, is repealed. 

7 (d) ADDITIONAL CONFORMING AMENDMENT.—Sec8 tion 1939 of the Social Security Act, as redesignated by 

9 section 6082 of the Deficit Reduction Act of 2005, is re10 designated as section 1937 of the Social Security Act. 

11 (e) EFFECTIVE DATE.—The repeals and amend12 ments made by this subsections (a) through (d) shall take 

13 effect as if included in the enactment of the Deficit Reduc14 tion Act of 2005. 

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