I 

110TH CONGRESS 

1ST SESSION H. R. 1521 

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

the Medicare prescription drug benefit late enrollment penalty. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2007 

Mr. KAGEN (for himself, Mr. ALTMIRE, Mr. LARSON of Connecticut, Ms. CASTOR, Mr. BRALEY of Iowa, Mr. PERLMUTTER, Mr. GENE GREEN of 

Texas, Mr. FARR, Mr. CLEAVER, Mr. HIGGINS, Mr. MCNULTY, Ms. 

HIRONO, Mr. COHEN, Mr. PATRICK J. MURPHY of Pennsylvania, and Mr. 

WEXLER) 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 remove the Medicare prescription drug benefit 

late enrollment penalty. 

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 ‘‘Universal Health Act 

5 of 2007: Repeal of the Late Enrollment Penalty in Medi6 care Part D’’. 


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1 SEC. 2. REMOVING THE MEDICARE PRESCRIPTION DRUG 

2 BENEFIT LATE ENROLLMENT PENALTY. 

3 (a) IN GENERAL.—Section 1860D–13 of the Social 

4 Security Act (42 U.S.C. 1395w–113) is amended— 

5 (1) in the heading, by striking ‘‘; LATE EN6 ROLLMENT PENALTY’’; 

7 (2) in subsection (a)(1), by striking subpara8 graph (D); 

9 (3) by striking subsection (b); and 

10 (4) in subsection (c)— 

11 (A) in paragraph (1), by striking ‘‘(and 

12 any late enrollment penalty)’’; 

13 (B) by striking paragraph (2); and 

14 (C) in paragraph (3), by striking ‘‘para15 graph (2) shall not apply and’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 1860D–1 of such Act (42 U.S.C. 

18 1395w–101) is amended— 

19 (A) in subsection (b)— 

20 (i) in paragraph (3), by striking sub21 paragraph (A); and 

22 (ii) by striking paragraph (6); and 

23 (B) in subsection (c), by striking para24 graph (4). 

25 (2) Section 1860D–11(g)(6) of such Act (42 

26 U.S.C. 1395w–111(g)(6)) is amended by striking 


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1 ‘‘Except for as provided in section 1860D–13(b) (re2 lating to late enrollment penalty) and subject’’ and 

3 inserting ‘‘Subject’’. 

4 (3) Section 1860D–14 of such Act (42 U.S.C. 

5 1395w–114) is amended— 

6 (A) by amending subsection (a)(1)(A) to 

7 read as follows: 

8 ‘‘(A) FULL PREMIUM SUBSIDY.—An income-re9 lated premium subsidy equal to 100 percent of the 

10 amount described in subsection (b)(1), but not to ex11 ceed the premium amount specified in subsection 

12 (b)(2)(B).’’; and 

13 (B) in subsection (b)(2)(B), by striking 

14 ‘‘The premium amounts described in this sub15 paragraph do not include any amounts attrib16 utable to late enrollment penalties under section 

17 1860D–13(b).’’. 

18 (4) Section 1860D–16(b)(3) of such Act (42 

19 U.S.C. 1395w–116(b)(3)) is amended by striking 

20 ‘‘(and the portion of late enrollment penalties)’’. 

21 (5) Section 1860D–41(a) of such Act (42 

22 U.S.C. 1395w–141(a)) is amended by striking para23 graph (3). 


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1 (6) Section 1882(v)(2)(B)(ii) of such Act (42 

2 U.S.C. 1395ss(v)(2)(B)(ii)) is amended to read as 

3 follows: 

4 ‘‘(ii) If the individual does not enroll in a 

5 plan under part D during such period, the indi6 vidual may continue enrollment in the individ7 ual’s current plan without change, but the indi8 vidual will not be guaranteed the option of en9 rollment in another medicare supplemental pol10 icy pursuant to paragraph (3).’’. 

11 SEC. 3. EFFECTIVE DATE. 

12 The amendments made by this Act shall be effective 

13 as of the date of the enactment of this Act and shall apply 

14 to monthly beneficiary premiums for months beginning 

15 after such date. 

Æ 


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