II 

109TH CONGRESS 

1ST SESSION S. 1841 

To amend title XVIII of the Social Security Act to provide extended and 

additional protection to Medicare beneficiaries who enroll for the Medicare prescription drug benefit during 2006. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2005 

Mr. NELSON of Florida (for himself, Ms. STABENOW, and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

extended and additional protection to Medicare beneficiaries who enroll for the Medicare prescription drug 

benefit during 2006. 

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 ‘‘The Medicare In5 formed Choice Act of 2005’’. 
2 

•S 1841 IS

1 SEC. 2. EXTENDED PERIOD OF OPEN ENROLLMENT DUR2 ING ALL OF 2006 WITHOUT LATE ENROLL3 MENT PENALTY. 

4 Section 1851(e)(3)(B) of the Social Security Act (42 

5 U.S.C. 1395w–21(e)(3)(B)) is amended— 

6 (1) in clause (iii), by striking ‘‘May 15, 2006’’ 

7 and inserting ‘‘December 31, 2006’’; and 

8 (2) by adding at the end the following new sen9 tence: 

10 ‘‘An individual making an election during the 

11 period beginning on November 15, 2006, and 

12 ending on December 15, 2006, shall specify 

13 whether the election is to be effective with re14 spect to 2006 or with respect to 2007 (or 

15 both).’’. 

16 SEC. 3. ONE-TIME CHANGE OF PLAN ENROLLMENT FOR 

17 MEDICARE PRESCRIPTION DRUG BENEFIT 

18 DURING ALL OF 2006. 

19 (a) APPLICATION TO MA–PD PLANS.—Section 

20 1851(e) of the Social Security Act (42 U.S.C. 1395w– 

21 21(e)) is amended— 

22 (1) in paragraph (2)(B)— 

23 (A) in the heading, by striking ‘‘FOR FIRST

24 6 MONTHS’’; 

25 (B) in clause (i)— 
3 

•S 1841 IS

1 (i) by striking ‘‘the first 6 months of 

2 2006’’ and inserting ‘‘2006’’; and 

3 (ii) by striking ‘‘the first 6 months 

4 during 2006’’ and inserting ‘‘2006’’; 

5 (C) in clause (ii), by inserting ‘‘(other than 

6 during 2006)’’ after ‘‘paragraph (3)’’; and 

7 (D) in clause (iii), by striking ‘‘2006’’ and 

8 inserting ‘‘2007’’; and 

9 (2) in paragraph (4), by striking ‘‘2006’’ and 

10 inserting ‘‘2007’’ each place it appears. 

11 (b) CONFORMING AMENDMENT TO PART D.—Section 

12 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w– 

13 101(b)(1)(B)(iii)) is amended by striking ‘‘subparagraphs 

14 (B) and (C) of paragraph (2)’’ and inserting ‘‘paragraph 

15 (2)(C)’’. 

16 SEC. 4. PROTECTION FROM LOSS OF EMPLOYMENT-BASED 

17 RETIREE HEALTH COVERAGE UPON ENROLL18 MENT FOR MEDICARE PRESCRIPTION DRUG 

19 BENEFIT DURING 2006. 

20 Section 1860D–22(a)(2) (42 U.S.C. 1395w– 

21 132(a)(2)) is amended by adding at the end the following 

22 new subparagraph: 

23 ‘‘(D) PROTECTION FROM LOSS OF EM24 PLOYMENT-BASED COVERAGE.—The sponsor of 

25 the plan may not involuntarily discontinue cov-
4 

•S 1841 IS

1 erage of an individual under a group health 

2 plan before January 1, 2007, based upon the 

3 individual’s decision to enroll in a prescription 

4 drug plan or an MA–PD plan under this part.’’. 

5 SEC. 5. EFFECTIVE DATE. 

6 The amendments made by this Act shall take effect 

7 as if included in the enactment of the Medicare Prescrip8 tion Drug, Improvement, and Modernization Act of 2003 

9 (Public Law 108–173). 

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