I 

110TH CONGRESS 

1ST SESSION H. R. 1310 

To amend part D of title XVIII of the Social Security Act to waive the 

late enrollment penalty under such part for 2006 and 2007 and to 

fully subsidize any such penalties subsequently imposed for part D subsidy-eligible individuals. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2007 

Mr. ALTMIRE 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 part D of title XVIII of the Social Security 

Act to waive the late enrollment penalty under such 

part for 2006 and 2007 and to fully subsidize any such 

penalties subsequently imposed for part D subsidy-eligible individuals. 

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 ‘‘Relief and Elimination 

5 of the Medicare Enrollment Deadline Penalty (REMEDY) 

6 Act of 2007’’. 


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1 SEC. 2. WAIVER OF MEDICARE PART D LATE ENROLLMENT 

2 PENALTY FOR 2006 AND 2007. 

3 (a) IN GENERAL.—Section 1860D–13(b)(3)(B) of 

4 the Social Security Act (42 U.S.C. 1395w–113(b)(3)(B)) 

5 is amended by inserting ‘‘(after December 2007)’’ after 

6 ‘‘any month’’. 

7 (b) EFFECTIVE DATE; REBATES OF CERTAIN PEN8 ALTIES PREVIOUSLY COLLECTED.— 

9 (1) EFFECTIVE DATE.—The amendment made 

10 by subsection (a) shall take effect as if included in 

11 the enactment of the Medicare Prescription Drug, 

12 Improvement, and Modernization Act of 2003 (Pub13 lic Law 108–173). 

14 (2) REBATES OF CERTAIN PENALTIES PRE15 VIOUSLY COLLECTED.—The Secretary of Health and 

16 Human Services shall establish a method for pro17 viding rebates of late enrollment penalties paid pur18 suant to section 1860D–13(b) of the Social Security 

19 Act (42 U.S.C. 1395w–113(b)(3)(B)) for months be20 fore the date of the enactment of this Act for which 

21 a penalty does not apply under the amendment made 

22 by subsection (a) but for which a penalty was pre23 viously collected. The amount of any rebate provided 

24 under this paragraph shall not be treated as income 

25 for purposes of determining the eligibility for or the 

26 amount of assistance under section 1860D–14 of the 


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1 Social Security Act (42 U.S.C. 1395w–114) or to 

2 determine the eligibility for or the amount of assist3 ance under any other Federal or federally assisted 

4 program that bases eligibility, or the amount of ben5 efits, on need. 

6 SEC. 3. ELIMINATION OF MEDICARE PART D LATE ENROLL7 MENT PENALTIES PAID BY LOW-INCOME SUB8 SIDY-ELIGIBLE INDIVIDUALS FOR PERIODS 

9 AFTER 2007. 

10 (a) INDIVIDUALS WITH INCOME BELOW 135 PER11 CENT OF POVERTY LINE.—Paragraph (1)(A)(ii) of sec12 tion 1860D–14(a) of the Social Security Act (42 U.S.C. 

13 1395w–114(a)) is amended to read as follows: 

14 ‘‘(ii) 100 percent of any late enrollment 

15 penalties imposed under section 1860D–13(b) 

16 for such individual.’’. 

17 (b) INDIVIDUALS WITH INCOME BETWEEN 135 AND

18 150 PERCENT OF POVERTY LINE.—Paragraph (2)(A) of 

19 such section is amended— 

20 (1) by inserting ‘‘equal to (i) an amount’’ after 

21 ‘‘premium subsidy’’; 

22 (2) by striking ‘‘paragraph (1)(A)’’ and insert23 ing ‘‘clause (i) of paragraph (1)(A)’’; and 

24 (3) by adding at the end before the period the 

25 following: ‘‘, plus (ii) 100 percent of the amount deVerDate Aug 31 2005 04:47 Mar 06, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1310.IH H1310

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1 scribed in clause (ii) of such paragraph for such in2 dividual’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to subsidies for months beginning 

5 with January 2008. 

Æ 


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