I 

111TH CONGRESS 

1ST SESSION H. R. 3631 

To amend title XVIII to provide for the application of a consistent Medicare 

part B premium for all Medicare beneficiaries in a budget neutral manner 

for 2010. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2009 

Ms. TITUS (for herself, Mr. STARK, Mr. PALLONE, Mr. RANGEL, Mr. WAXMAN, Mr. DINGELL, Ms. BALDWIN, Mr. BARROW, Mr. BOUCHER, Mr. 

BRALEY of Iowa, Mr. BUTTERFIELD, Mrs. CAPPS, Ms. CASTOR of Florida, Mrs. CHRISTENSEN, Mr. CROWLEY, Ms. DEGETTE, Mr. DOYLE, Mr. 

ENGEL, Ms. ESHOO, Mr. GONZALEZ, Mr. GENE GREEN of Texas, Mr. 

GORDON of Tennessee, Mr. HIGGINS, Mr. LARSON of Connecticut, Mr. 

LEVIN, Mr. LEWIS of Georgia, Mr. MCDERMOTT, Mrs. MALONEY, Mr. 

MARKEY of Massachusetts, Ms. MATSUI, Mr. MURPHY of Connecticut, 

Mr. PASCRELL, Mr. POMEROY, Mr. RUSH, Ms. LINDA T. SA ́NCHEZ of 

California, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. STUPAK, Ms. SUTTON, 

Mr. VAN HOLLEN, Mr. WEINER, Mr. WELCH, Mr. YARMUTH, Mr. 

CARDOZA, Mr. DAVIS of Illinois, and Ms. BERKLEY) 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 to provide for the application of a 

consistent Medicare part B premium for all Medicare 

beneficiaries in a budget neutral manner for 2010. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Medicare Premium 

3 Fairness Act’’. 

4 SEC. 2. MEDICARE PART B PREMIUM FOR 2010. 

5 (a) PREMIUM COMPUTATION.—Section 1839 of the 

6 Social Security Act (42 U.S.C. 1395r) is amended— 

7 (1) in subsection (a), by adding at the end the 

8 following new paragraph: 

9 ‘‘(5) The monthly premium under this subsection for 

10 2010 shall be the monthly premium under this subsection 

11 for 2009.’’; and 

12 (2) in subsection (i)(3)(A), by adding after and 

13 below clause (ii) the following: 

14 ‘‘In applying clause (ii) for 2010, the monthly 

15 actuarial rate described in such clause shall be 

16 such monthly actuarial rate for 2009.’’. 

17 (b) OFFSET FROM MEDICARE IMPROVEMENT

18 FUND.—Section 1898(b) of such Act (42 U.S.C. 

19 1395iii(b)) is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (A), by striking the 

22 semicolon at the end and inserting the fol23 lowing: ‘‘, reduced by the sum of— 

24 ‘‘(i) the amount transferred under 

25 paragraph (5); and 

26 ‘‘(ii) $567,000,000;’’; 


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1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (C) by inserting after subparagraph (A) 

4 the following new subparagraph: 

5 ‘‘(B) fiscal year 2015, the amount speci6 fied in subparagraph (A)(ii); and’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) TRANSFER AND OFFSET.—There are here10 by transferred from amounts in the general fund of 

11 the Treasury to the Federal Supplementary Medical 

12 Insurance Trust Fund an amount equivalent, as es13 timated by the Chief Actuary of the Centers for 

14 Medicare & Medicaid Services, to the aggregate re15 duction in premiums payable under part B that re16 sult from the application of paragraph (5) of section 

17 1839(a) and the last sentence of section 

18 1839(i)(3)(A).’’. 

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