II 

108TH CONGRESS 

2D SESSION S. 2530 

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

beneficiaries to purchase more than one prescription drug discount card 

and to receive a refund of the enrollment fee if the prices of prescription 

drugs change or the formulary used by the card sponsor changes during 

the life of the program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2004 

Mr. DAYTON introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend part D of title XVIII of the Social Security 

Act to permit medicare beneficiaries to purchase more 

than one prescription drug discount card and to receive 

a refund of the enrollment fee if the prices of prescription drugs change or the formulary used by the card 

sponsor changes during the life of the program. 

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 ‘‘Unshackle Seniors Act 

5 of 2004’’. 
2 

•S 2530 IS 

1 SEC. 2. PERMITTING MEDICARE BENEFICIARIES TO PUR2 CHASE MORE THAN ONE PRESCRIPTION 

3 DRUG DISCOUNT CARD. 

4 (a) IN GENERAL.—Section 1860D–31(c)(1)(C) of the 

5 Social Security Act (42 U.S.C. 1395w–141(c)(1)(C)) is 

6 amended to read as follows: 

7 ‘‘(C) ENROLLMENT IN PROGRAMS.—A dis8 count card eligible individual may enroll in as 

9 many endorsed discount card programs under 

10 this section as such individual determines ap11 propriate.’’. 

12 (b) CONFORMING AMENDMENTS.—Section 1860D– 

13 31 of the Social Security Act (42 U.S.C. 1395w–141)) is 

14 amended— 

15 (1) in subsection (c)— 

16 (A) in paragraph (1)(D), by striking the 

17 second sentence; 

18 (B) in paragraph (2), by striking subpara19 graph (G); and 

20 (2) in subsection (g)(2), by striking subpara21 graph (E) and inserting the following: 

22 ‘‘(E) SELECTION OF CARD WITH TRANSI23 TIONAL ASSISTANCE.—The Secretary shall es24 tablish procedures so that whenever an indi25 vidual uses any card to obtain any covered dis26 count drug, such individual receives the transi-
3 

•S 2530 IS 

1 tional assistance to which the individual is enti2 tled. Such procedures shall ensure that the indi3 vidual does not receive an amount of transi4 tional assistance in excess of the amount deter5 mined under this paragraph.’’. 

6 SEC. 3. REFUNDING ENROLLMENT FEES IF PRESCRIPTION 

7 DRUG DISCOUNT CARD COVERAGE CHANGES. 

8 Section 1860D–31(c)(2) of the Social Security Act 

9 (42 U.S.C. 1395w–141(c)(2)) is amended by adding at the 

10 end the following new subparagraph: 

11 ‘‘(H) REFUND OF ANNUAL ENROLLMENT

12 FEE IF PRICES INCREASE OR FORMULARY

13 CHANGES.—If an individual is involuntarily 

14 disenrolled from a prescription drug program 

15 for a reason that is not the fault of the indi16 vidual (as determined by the Secretary), the ne17 gotiated price of a covered discount card drug 

18 dispensed to an individual enrolled in an en19 dorsed discount card program increases after 

20 the date of enactment of the Unshackle Seniors 

21 Act of 2004, or if the prescription drug card 

22 sponsor that offers an endorsed discount card 

23 program changes the formulary applicable 

24 under such program after such date, any indi25 vidual enrolled in such program may elect to 
4 

•S 2530 IS 

1 disenroll from the program and the sponsor of 

2 the program shall refund the entire annual en3 rollment fee to the individual or entity that 

4 originally paid such enrollment fee.’’. 

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