II 

Calendar No. 434 

109TH CONGRESS 

2D SESSION S. 2810 

To amend title XVIII of the Social Security Act to eliminate months in 

2006 from the calculation of any late enrollment penalty under the 

Medicare part D prescription drug program and to provide for additional 

funding for State health insurance counseling programs and area agencies on aging, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2006 

Mr. GRASSLEY (for himself, Mr. BAUCUS, Mr. DEWINE, Mr. NELSON of Florida, Mr. KYL, Mr. CARPER, Mr. TALENT, Mrs. LINCOLN, Ms. SNOWE, 

Ms. CANTWELL, Mr. SANTORUM, Mr. BAYH, Mr. BURNS, Mr. CONRAD, 

Ms. MURKOWSKI, Mrs. MURRAY, Mr. SMITH, and Mr. HATCH) introduced the following bill; which was read the first time 

MAY 17, 2006 

Read the second time and placed on the calendar 

A BILL 

To amend title XVIII of the Social Security Act to eliminate 

months in 2006 from the calculation of any late enrollment penalty under the Medicare part D prescription 

drug program and to provide for additional funding for 

State health insurance counseling programs and area 

agencies on aging, and for other purposes. 


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•S 2810 PCS 

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 ‘‘Medicare Late Enroll5 ment Assistance Act of 2006’’. 

6 SEC. 2. ELIMINATION OF MONTHS IN 2006 FROM THE CAL7 CULATION OF ANY LATE ENROLLMENT PEN8 ALTY UNDER MEDICARE PART D. 

9 (a) ELIMINATION.—Section 1860D–13(b)(3)(B) of 

10 the Social Security Act (42 U.S.C. 1895w–113(b)(3)(B)) 

11 is amended by adding at the end the following new sen12 tence: ‘‘In no case shall any month in 2006 be considered 

13 to be an uncovered month under this subsection.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 this section shall take effect as if included in the enact16 ment of section 101(a) of the Medicare Prescription Drug, 

17 Improvement, and Modernization Act of 2003 (Public Law 

18 108–173; 117 Stat. 2071). 

19 SEC. 3. ADDITIONAL FUNDING FOR STATE HEALTH INSUR20 ANCE COUNSELING PROGRAMS. 

21 (a) IN GENERAL.—Out of any funds in the Treasury 

22 not otherwise appropriated, there are appropriated 

23 $13,000,000 to the Secretary of Health and Human Serv24 ices for fiscal year 2007, for the purpose of providing 

25 grants to States for State health insurance counseling proVerDate Aug 31 2005 05:00 May 19, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2810.PCS S2810

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•S 2810 PCS 

1 grams receiving assistance under section 4360 of the Om2 nibus Reconciliation Act of 1990. 

3 (b) ALLOCATION.— 

4 (1) ALLOCATION BASED ON PERCENTAGE OF

5 LOW-INCOME BENEFICIARIES.—The amount of a 

grant to a State under this section from 1 6 ⁄2 of the 

7 total amount made available under subsection (a) 

8 shall be based on the number of individuals that 

9 meet the requirement under section 1860D– 

10 14(a)(3)(A)(ii) of the Social Security Act (42 U.S.C. 

11 1395w–114(a)(3)(A)(ii)) relative to the total number 

12 of part D eligible individuals (as defined in section 

13 1860D–1(a)(3)(A) of such Act (42 U.S.C. 1395w– 

14 101(a)(3))) in each State, as estimated by the Sec15 retary of Health and Human Services. 

16 (2) ALLOCATION BASED ON PERCENTAGE OF

17 RURAL BENEFICIARIES.—The amount of a grant to 

a State under this section from 1 18 ⁄2 of the total 

19 amount made available under subsection (a) shall be 

20 based on the number of part D eligible individuals 

21 (as so defined) residing in a rural area (as deter22 mined by the Administrator of the Centers for Medi23 care & Medicaid Services) relative to the total num24 ber of such individuals in each State, as estimated 

25 by the Secretary of Health and Human Services. 


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1 (c) AVAILABILITY.—Amounts made available under 

2 subsection (a) shall remain available— 

3 (1) for obligation until November 1, 2006; and 

4 (2) for expenditure until June 30, 2008. 

5 SEC. 4. ADDITIONAL FUNDING FOR AREA AGENCIES ON 

6 AGING. 

7 (a) IN GENERAL.—Out of any funds in the Treasury 

8 not otherwise appropriated, there are appropriated 

9 $5,000,000 to the Secretary of Health and Human Serv10 ices for fiscal year 2007, to enable the Assistant Secretary 

11 on Aging to provide grants to States for area agencies on 

12 aging (as defined in section 102 of the Older American 

13 Act of 1965 (42 U.S.C. 3002)). Such assistance shall be 

14 used to provide eligible Medicare beneficiaries with infor15 mation regarding benefits under title XVIII of the Social 

16 Security Act. 

17 (b) ALLOCATION BASED ON PERCENTAGE OF LOW18 INCOME AND RURAL BENEFICIARIES.—The amount of a 

19 grant to a State under this section from the total amount 

20 made available under subsection (a) shall be determined 

21 in the same manner as the amount of a grant to a State 

22 under section 4 from the total amount made available 

23 under subsection (a) of such section is determined under 

24 paragraphs (1) and (2) of subsection (b) of such section. 


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1 (c) AVAILABILITY.—Amounts made available under 

2 subsection (a) shall remain available— 

3 (1) for obligation until November 1, 2006; and 

4 (2) for expenditure until June 30, 2008. 

5 SEC. 5. MEDICARE ADVANTAGE REGIONAL PLAN STA6 BILIZATION FUND REVISIONS. 

7 (a) IN GENERAL.—Section 1858(e)(5) of the Social 

8 Security Act (42 U.S.C. 1395w–27a(e)(5)) is amended by 

9 adding at the end the following new subparagraph: 

10 ‘‘(C) ADDITIONAL LIMITATION.—In no 

11 case may the total expenditures from the 

12 Fund— 

13 ‘‘(I) prior to October 1, 2007, ex14 ceed $566,000,000; 

15 ‘‘(II) during the period beginning 

16 on October 1, 2007, and ending on 

17 September 30, 2011, exceed 

18 $4,507,000,000.’’. 

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

20 this section shall take effect as if included in the enact21 ment of section 221(c) of the Medicare Prescription Drug, 

22 Improvement, and Modernization Act of 2003 (Public Law 

23 108–173; 117 Stat. 2181). 


bajohnson on PROD1PC69 with BILLS
Calendar No. 434 

109TH CONGRESS 

2D SESSION S. 2810 

A BILL 

To amend title XVIII of the Social Security Act to 

and for other purposes. counseling programs and area agencies on aging, for additional funding for State health insurance part D prescription drug program and to provide any late enrollment penalty under the Medicare eliminate months in 2006 from the calculation of 

MAY 17, 2006 

Read the second time and placed on the calendar 


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