I 

110TH CONGRESS 

1ST SESSION H. R. 2149 

To amend title XVIII of the Social Security Act to waive the late enrollment 

penalty under the Medicare part D benefit for certain months for individuals who are first eligible to enroll for such benefit for 2006 or 2007 

and who enroll by the end of the first annual, coordinated election 

period following their initial enrollment period, to limit the amount of 

such penalty, and to require the Secretary of Health and Human Services 

to conduct a study on such penalty. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2007 

Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to waive 

the late enrollment penalty under the Medicare part D 

benefit for certain months for individuals who are first 

eligible to enroll for such benefit for 2006 or 2007 and 

who enroll by the end of the first annual, coordinated 

election period following their initial enrollment period, 

to limit the amount of such penalty, and to require 

the Secretary of Health and Human Services to conduct 

a study on such penalty. 


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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 ‘‘Healthcare Eligibility 

5 for Late Participants (HELP) in Medicare Part D Act 

6 of 2007’’. 

7 SEC. 2. MEDICARE PART D LATE ENROLLMENT PENALTY 

8 WAIVED FOR MONTHS BEFORE INITIAL EN9 ROLLMENT OF INDIVIDUALS WHO ARE FIRST 

10 ELIGIBLE TO ENROLL FOR 2006 OR 2007 AND 

11 WHO ENROLL BY THE END OF THE FIRST AN12 NUAL, COORDINATED ELECTION PERIOD 

13 FOLLOWING THEIR INITIAL ENROLLMENT 

14 PERIOD. 

15 (a) IN GENERAL.—Section 1860D–13(b)(3) of the 

16 Social Security Act (42 U.S.C. 1395w–113(b)(3)) is 

17 amended— 

18 (1) in subparagraph (B), by inserting ‘‘subject 

19 to subparagraph (C),’’ after ‘‘For purposes of this 

20 subsection,’’; and 

21 (2) by adding at the end the following new sub22 paragraph: 

23 ‘‘(C) SPECIAL RULE FOR 2006 AND 2007.— 

24 For purposes of subparagraph (B), the term 

25 ‘uncovered month’ shall not include— 


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1 ‘‘(i) in the case of an individual whose 

2 initial enrollment period under section 

3 1860D–1(b)(2) ends before November 15, 

4 2006, and who enrolls under a prescription 

5 drug plan or MA–PD plan during the an6 nual, coordinated election period under sec7 tion 1851(e)(3)(B), as applied under sec8 tion 1860D–1(b)(1)(B)(iii), that begins on 

9 such date, any month before January 

10 2007; and 

11 ‘‘(ii) in the case of an individual 

12 whose initial enrollment period under sec13 tion 1860D–1(b)(2) begins on or after No14 vember 15, 2006, but ends before Novem15 ber 15, 2007, and who enrolls under a pre16 scription drug plan or MA–PD plan during 

17 the annual, coordinated election period 

18 under section 1851(e)(3)(B), as applied 

19 under section 1860D–1(b)(1)(B)(iii), that 

20 begins on November 15, 2007, any month 

21 before January 2008.’’. 

22 (b) EFFECTIVE DATE; REBATES FOR PENALTIES

23 PREVIOUSLY COLLECTED.— 

24 (1) EFFECTIVE DATE.—The amendments made 

25 by subsection (a) shall be effective as if included in 


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1 the enactment of the Medicare Prescription Drug, 

2 Improvement, and Modernization Act of 2003 (Pub3 lic Law 108–173). 

4 (2) REBATES FOR PENALTIES PREVIOUSLY

5 COLLECTED.—The Secretary of Health and Human 

6 Services shall establish a method for providing re7 bates of late enrollment penalties paid pursuant to 

8 section 1860D–13(b) of the Social Security Act (42 

9 U.S.C. 1395w–113(b)(3)(B)) for months before the 

10 date of the enactment of this Act for which a pen11 alty does not apply under the amendments made by 

12 subsection (a) but for which a penalty was pre13 viously collected. 

14 SEC. 3. LIMITATION ON AMOUNT OF MEDICARE PRESCRIP15 TION DRUG LATE ENROLLMENT PENALTY. 

16 (a) IN GENERAL.—Such section, as amended by sec17 tion 2, is further amended— 

18 (1) in subparagraph (A), by striking ‘‘The 

19 amount’’ and inserting ‘‘Subject to subparagraph 

20 (C), the amount’’; and 

21 (2) by adding at the end the following new sub22 paragraph: 

23 ‘‘(D) LIMITATION ON AMOUNT OF PEN24 ALTY.—In no case shall the amount determined 

25 under subparagraph (A) for a part D eligible 


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1 individual for a continuous period of eligibility 

2 exceed 25 percent of the base beneficiary pre3 mium computed under subsection (a)(2).’’. 

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

5 subsection (a) shall be effective as if included in the enact6 ment of the Medicare Prescription Drug, Improvement, 

7 and Modernization Act of 2003 (Public Law 108–173). 

8 SEC. 4. REPORT ON MEDICARE PART D LATE ENROLLMENT 

9 PENALTY. 

10 Not later than one year after the date of the enact11 ment of this Act, the Secretary of Health and Human 

12 Services shall submit to Congress a report on the Medicare 

13 prescription drug late enrollment penalty under section 

14 1860D–13(b) of the Social Security Act (42 U.S.C. 

15 1395w–113(b)). Such report shall include the following in16 formation: 

17 (1) The number of individuals who are subject 

18 to and paying such penalty. 

19 (2) The average amount of such penalty. 

20 (3) The number of subsidy eligible individuals 

21 (as defined in section 1860D–14(a)(3) of such Act 

22 (42 U.S.C. 1395w–114(a)(3))) who are individuals 

23 described in paragraph (1) and the average amount 


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1 of such penalty paid by such subsidy eligible individ2 uals. 

Æ 


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