II 

109TH CONGRESS 

1ST SESSION S. 2026 

To amend title XVIII of the Social Security Act to require that a prescription 

drug plan or an MA–PD plan that has an initial coverage limit obtain 

a signed certification prior to enrolling beneficiaries under the plan 

under part D of such title. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2005 

Mr. LAUTENBERG (for himself, Mr. KERRY, Mr. DORGAN, and Mr. DAYTON) 

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 require 

that a prescription drug plan or an MA–PD plan that 

has an initial coverage limit obtain a signed certification 

prior to enrolling beneficiaries under the plan under part 

D of such title. 

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 Prescription 

5 Drug Gap Disclosure Act’’. 
2 

•S 2026 IS

1 SEC. 2. REQUIREMENT OF SIGNED CERTIFICATION PRIOR 

2 TO PLAN ENROLLMENT UNDER PART D. 

3 (a) IN GENERAL.—Section 1860D–1(b)(1) of the So4 cial Security Act (42 U.S.C. 1395w–101) is amended by 

5 adding at the end the following new subparagraph: 

6 ‘‘(D) SPECIAL RULE FOR PLANS WITH AN

7 INITIAL COVERAGE LIMIT.— 

8 ‘‘(i) IN GENERAL.—The process for 

9 enrollment established under subparagraph 

10 (A) shall include, in the case of a prescrip11 tion drug plan or an MA–PD plan that has 

12 an initial coverage limit (as described in 

13 section 1860D–2(b)(3)), a requirement 

14 that, prior to enrolling a part D eligible in15 dividual in the plan, the plan must obtain 

16 a certification signed by the enrollee or the 

17 legal guardian of the enrollee that meets 

18 the requirements described in clause (ii) 

19 and includes the following text: ‘I under20 stand that the Medicare Prescription Drug 

21 Plan or MA–PD Plan that I am signing up 

22 for may result in a gap in coverage during 

23 a given year. I understand that if subject 

24 to this gap in coverage, I will be respon25 sible for paying 100 percent of the cost of 

26 my prescription drugs and will continue to 
3 

•S 2026 IS

1 be responsible for paying the plan’s month2 ly premium while subject to this gap in 

3 coverage. For specific information on the 

4 potential coverage gap under this plan, I 

5 understand that I should contact (insert 

6 name of the sponsor of the prescription 

7 drug plan or the sponsor of the MA–PD 

8 plan) at (insert toll free phone number for 

9 such sponsor of such plan).’. 

10 ‘‘(ii) CERTIFICATION REQUIREMENTS

11 DESCRIBED.—The certification required 

12 under clause (i) shall meet the following 

13 requirements: 

14 ‘‘(I) The certification shall be 

15 printed in a typeface of not less than 

16 18 points. 

17 ‘‘(II) The certification shall be 

18 printed on a single piece of paper sep19 arate from any matter not related to 

20 the certification. 

21 ‘‘(III) The certification shall have 

22 a heading printed at the top of the 

23 page in all capital letters and bold 

24 face type that states the following: 

25 ‘WARNING: POTENTIAL MEDI-
4 

•S 2026 IS

1 CARE PRESCRIPTION DRUG 

2 COVERAGE GAP’.’’. 

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

4 this section shall take effect on the date of enactment of 

5 this Act. 

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