II 

109TH CONGRESS 

1ST SESSION S. 1822 

To amend titles XVIII and XIX of the Social Security Act to make 

improvements to the implementation of the medicare prescription drug benefit. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2005 

Mrs. MURRAY (for herself and Ms. CANTWELL) 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 the implementation of the 

medicare prescription drug benefit. 

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 Help for 

5 Every beneficiary And Low income Senior Act of 2005’’ 

6 or the ‘‘Medicare HEALS Act of 2005’’. 

7 SEC. 2. ALLOWING MEDICAID WRAP. 

8 (a) REPEAL.—Subsection (d) of section 1935 of the 

9 Social Security Act (42 U.S.C. 1396u–5) is repealed. 
2 

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1 (b) REDUCTION IN CLAWBACK PAYMENTS BY THE

2 AMOUNT OF WRAP PAYMENTS.—Section 1935(c)(1) of 

3 the Social Security Act (42 U.S.C. 1396u–5(c)(1)) is 

4 amended— 

5 (1) in subparagraph (A), in the matter pre6 ceding clause (i), by striking ‘‘Each’’ and inserting 

7 ‘‘Subject to subparagraph (E), each’’; and 

8 (2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(E) REDUCTION IN PAYMENT.—The 

11 amount of the payment that a State or the Dis12 trict of Columbia would otherwise be required 

13 to pay to the Secretary under subparagraph (A) 

14 for a month shall be reduced by an amount 

15 equal to the amount of the State share for med16 ical assistance for covered outpatient drugs fur17 nished to full-benefit dual eligible individuals 

18 for that month that supplements the prescrip19 tion drug coverage under part D of title XVIII, 

20 including medical assistance for cost-sharing 

21 under such part D. If a State or the District 

22 of Columbia provides medical assistance for 

23 such cost-sharing, such assistance shall be con24 sidered medicare cost-sharing under section 
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1 1905(p)(3) for purposes of payments under sec2 tion 1903.’’. 

3 (c) EFFECTIVE DATE.—The repeal made by sub4 section (a) and the amendments made by subsection (b) 

5 shall take effect as if included in the enactment of section 

6 103 of the Medicare Prescription Drug, Improvement, and 

7 Modernization Act of 2003 (Public Law 108–173; 117 

8 Stat. 2154). 

9 SEC. 3. WAIVER OF PART D LATE ENROLLMENT PENALTY 

10 FOR TRANSITION PERIOD. 

11 (a) IN GENERAL.—Section 1860D–13(b) of the So12 cial Security Act (42 U.S.C. 1895w–113(b)) is amended 

13 by adding at the end the following new paragraph: 

14 ‘‘(8) WAIVER OF PENALTY FOR MONTHS PRIOR

15 TO 2008.—A part D eligible individual who enrolls 

16 for the first time in a prescription drug plan or an 

17 MA–PD plan under this part prior to January 1, 

18 2008, shall not be subject an increase in the month19 ly beneficiary premium established under subsection 

20 (a) with respect to months occurring prior to such 

21 date.’’. 

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

23 this section shall take effect as if included in the enact24 ment of section 101(a) of the Medicare Prescription Drug, 
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1 Improvement, and Modernization Act of 2003 (Public Law 

2 108–173; 117 Stat. 2071). 

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