II 

109TH CONGRESS 

1ST SESSION S. 2168 

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

additional protections to Medicare beneficiaries enrolled under part C 

or D of such title. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2005 

Ms. SNOWE (for herself and Mr. NELSON of Florida) 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 protections to Medicare beneficiaries enrolled under part C or 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 Drug Benefit 

5 Protections Act of 2005’’. 
2 

•S 2168 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 2168 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’’; and 

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

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

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

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

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

10 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w– 

11 101(b)(1)(B)(iii)) is amended by striking ‘‘subparagraphs 

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

13 (2)(C)’’. 

14 SEC. 4. EXTENSION OF ANNUAL, COORDINATED ELECTION 

15 PERIOD UNDER PARTS C AND D. 

16 (a) IN GENERAL.—Section 1851(e)(3)(B)(iv) of the 

17 Social Security Act (42 U.S.C. 1395w–1(e)(3)(B)(iv)) is 

18 amended by striking ‘‘November 15’’ and inserting ‘‘No19 vember 1’’. 

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

21 subsection (a) shall apply to annual, coordinated election 

22 periods beginning after December 31, 2005. 
4 

•S 2168 IS 

1 SEC. 5. EXPANSION OF SPECIAL ELECTION PERIODS 

2 UNDER PARTS C AND D. 

3 (a) IN GENERAL.—Section 1851(e)(4) of the Social 

4 Security Act (42 U.S.C. 1395w–1(e)(4)) is amended— 

5 (1) in subparagraph (C), by striking ‘‘or’’ at 

6 the end; 

7 (2) by redesignating subparagraph (D) as sub8 paragraph (E); 

9 (3) by inserting after subparagraph (C) the fol10 lowing new subparagraph: 

11 ‘‘(D) the individual relied on misinforma12 tion from the Secretary regarding the plan; or’’; 

13 (4) in subparagraph (E), as so redesignated, by 

14 inserting ‘‘, which shall include conditions relating to 

15 a material change in circumstances, such as medical 

16 reasons’’ before the period at the end; and 

17 (5) by adding at the end the following: ‘‘Any 

18 special election period under this paragraph shall be 

19 for a period of not less than 120 days.’’. 

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

21 subsection (a) shall take effect on such date (not later 

22 than 90 days after the date of enactment of this Act) as 

23 the Secretary of Health and Human Services shall specify. 
5 

•S 2168 IS 

1 SEC. 6. GRANTS FOR OUTREACH AND EDUCATION ON THE 

2 MEDICARE PRESCRIPTION DRUG BENEFIT. 

3 (a) IN GENERAL.—The Secretary of Health and 

4 Human Services shall award grants to States, nonprofit 

5 organizations, and other appropriate entities to conduct 

6 outreach and educational activities with respect to the pre7 scription drug benefit under part D of title XVIII of the 

8 Social Security Act. 

9 (b) APPLICATION.—An entity that desires a grant 

10 under this section shall submit an application at such 

11 time, in such form, and containing such information as 

12 the Secretary may require, including a plan for the use 

13 of funds that may be awarded. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $25,000,000 for each of fiscal years 2007 and 2008. 

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