II 

109TH CONGRESS 

2D SESSION S. 2759 

To provide for additional outreach and education related to the Medicare 

program and to amend title XVIII of the Social Security Act to provide 

a special enrollment period for individuals who qualify for an incomerelated subsidy under the Medicare prescription drug program. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2006 

Mr. SMITH (for himself and Mr. BINGAMAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To provide for additional outreach and education related 

to the Medicare program and to amend title XVIII of 

the Social Security Act to provide a special enrollment 

period for individuals who qualify for an income-related 

subsidy under the Medicare prescription drug program. 

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 Part D Out5 reach and Enrollment Enhancement Act of 2006’’. 


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1 SEC. 2. OUTREACH AND EDUCATION FUNDING. 

2 (a) MEDICARE OUTREACH AND EDUCATION BY

3 STATE HEALTH INSURANCE COUNSELING PROGRAMS.— 

4 (1) FISCAL YEAR 2006.—There are appropriated 

5 $13,500,000 to the Centers for Medicare & Medicaid 

6 Services to be used to provide additional grants to 

7 State health insurance counseling and assistance 

8 programs to conduct outreach and education related 

9 to enrollment in the Medicare program under title 

10 XVIII of the Social Security Act. 

11 (2) ADDITIONAL FUNDING FOR FUTURE OUT12 REACH AND EDUCATION EFFORTS.—There are au13 thorized to be appropriated for each of fiscal years 

14 2007, 2008, 2009, and 2010, an amount equal to $1 

15 multiplied by the total number of individuals entitled 

16 to benefits, or enrolled, under part A of title XVIII 

17 of the Social Security Act, or enrolled under part B 

18 of such title during the fiscal year (as determined by 

19 the Secretary of Health and Human Services, based 

20 on the most recent available data before the begin21 ning of the fiscal year) to be used to provide addi22 tional grants to State health insurance counseling 

23 and assistance programs to conduct outreach and 

24 education related to enrollment in such Medicare 

25 program. 

26 (b) PART D OUTREACH AND EDUCATION.— 


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1 (1) IN GENERAL.—There are appropriated 

2 $6,300,000 to the Centers for Medicare & Medicaid 

3 Services to be used to provide funding to Area Agen4 cies on Aging and Native American aging programs 

5 to conduct outreach and education related to the 

6 Medicare prescription drug program under part D of 

7 title XVIII of the Social Security Act. 

8 (2) TRANSFER OF FUNDS THROUGH INTER9 AGENCY AGREEMENT.— 

10 (A) TRANSFER.—Subject to subparagraph 

11 (B), the Administrator of the Centers for Medi12 care & Medicaid Services shall transfer amounts 

13 provided under paragraph (1) to the Adminis14 tration on Aging under an interagency agree15 ment. 

16 (B) INTERAGENCY AGREEMENT.—The 

17 interagency agreement entered into under sub18 paragraph (A) shall establish guidelines with re19 spect to the distribution of amounts transferred 

20 under such subparagraph to Area Agencies on 

21 Aging and Native American aging programs, 

22 taking into account any variations in the popu23 lation served by such Agencies and such pro24 grams. 


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1 (C) TIMING OF INTERAGENCY AGREEMENT

2 AND DISTRIBUTION OF FUNDS.— 

3 (i) INTERAGENCY AGREEMENT.—Not 

4 later than the date that is 60 days after 

5 the date of enactment of this Act, the Ad6 ministrator of the Centers for Medicare & 

7 Medicaid Services shall enter into the 

8 interagency agreement described in sub9 paragraph (A). 

10 (ii) DISTRIBUTION OF FUNDS.—Not 

11 later than the date that is 120 days after 

12 the date of enactment of this Act, the Ad13 ministration on Aging shall distribute the 

14 amounts transferred under such inter15 agency agreement. 

16 SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 

17 ELIGIBLE FOR AN INCOME-RELATED SUB18 SIDY. 

19 (a) SPECIAL ENROLLMENT PERIOD.—Section 

20 1860D–1(b)(3) of the Social Security Act (42 U.S.C. 

21 1395w–101(b)(3)) is amended by adding at the end the 

22 following new subparagraph: 

23 ‘‘(F) APPLICATION FOR LOW-INCOME SUB24 SIDY.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (iii), in the case of an applicable individual 

3 (as defined in clause (ii)). 

4 ‘‘(ii) APPLICABLE INDIVIDUAL DE5 FINED.—For purposes of this subpara6 graph, the term ‘applicable individual’ 

7 means a part D eligible individual who— 

8 ‘‘(I) has an application for an in9 come-related subsidy under section 

10 1860D–14 pending during the individ11 ual’s initial enrollment period (as de12 termined under paragraph (2)); and 

13 ‘‘(II) does not receive notification 

14 of the approval or disapproval of such 

15 application prior to the end of such 

16 initial enrollment period. 

17 ‘‘(iii) TIMING OF SPECIAL ENROLL18 MENT PERIOD.—The special enrollment pe19 riod established under this subparagraph 

20 shall be for a period (not to exceed 30 

21 days) beginning on the date the applicable 

22 individual receives the notification de23 scribed in clause (ii)(II).’’. 

24 (b) WAIVER OF LATE ENROLLMENT PENALTY.—Sec25 tion 1860D–13(b) of the Social Security Act (42 U.S.C. 


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1 1395w–113(b)) is amended by adding at the end the fol2 lowing new paragraph: 

3 ‘‘(8) WAIVER OF PENALTY.—An applicable indi4 vidual (as defined in clause (ii) of section 1860D– 

5 1(b)(3)(F)) who enrolls during the special enroll6 ment period established under such section shall not 

7 be subject to an increase in the monthly beneficiary 

8 premium established under subsection (a) with re9 spect to months occurring prior to the date of such 

10 enrollment.’’. 

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

12 this section shall take effect as if included in the enact13 ment of section 101(a) of the Medicare Prescription Drug, 

14 Improvement, and Modernization Act of 2003 (Public Law 

15 108–173). 

Æ 


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