‘‘(ii) For nonpayment of any applica-
ble premiums under such part. 
‘‘(iii) With respect to coverage under 
part D, as of the month in which the indi-
vidual is neither enrolled in part A nor en-
rolled in part B. 
The termination of a coverage period under 
clause (ii) shall take effect on a date deter-
mined under regulations, which may be deter-
mined so as to provide a grace period in which 
overdue premiums may be paid and coverage 
continued. The grace period determined under 
the preceding sentence shall not exceed 90 days; 
except that it may be extended to not to exceed 
180 days in any case where the Secretary deter-
mines that there was good cause for failure to 
pay the overdue premiums within such 90-day 
period. 
‘‘(e) PAYMENT-RELATED PROVISIONS.— 
‘‘(1) AUTHORIZATION OF APPROPRIATIONS TO 
COVER ADDITIONAL BENEFITS.—There are author-
ized to be appropriated to the Federal Hospital In-
surance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, and the Medicare 
Prescription Drug Account in such Trust Fund, 
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such sums as may be necessary to cover the costs 
under such Trust Funds and Account of providing 
benefits under this section, net of any premiums 
paid with respect to such benefits under subsection 
(d). 
‘‘(2) REIMBURSEMENT OF PRESCRIPTION DRUG 
PLANS
AND
MA
PLANS
FOR
9/11-RELATED
BENE-
FITS.—With respect to benefits under a prescription 
drug plan under part D or under a Medicare Advan-
tage plan under part C, the Secretary shall provide 
for reimbursement to the plan from the appropriate 
Trust Funds and Accounts under this title for the 
cost of 9/11-related benefits provided under the plan 
under this section, including costs related to the ap-
plication of the benefit modifications described in 
subsection (c)(1).’’. 
(b) NONDISCRIMINATION
IN HEALTH BENEFITS; 
MEDICARE MADE PRIMARY PAYER FOR TREATMENT OF 
9/11 DISASTER-CONNECTED HEALTH CONDITIONS.— 
(1) NONDISCRIMINATION REQUIREMENT.—Sec-
tion 1862(b) of such Act (42 U.S.C. 1395y(b)) is 
amended— 
(A) by redesignating subparagraph (D) of 
paragraph (1) as subparagraph (G) and by 
moving it to the end of such paragraph; 
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(B) by inserting after subparagraph (C) of 
paragraph (1) the following new subparagraph: 
‘‘(D) INDIVIDUALS WITH A 9/11-DISASTER 
CONNECTED HEALTH CONDITION.— 
‘‘(i) IN
GENERAL.—A group health 
plan, individual health insurance coverage, 
or any other form of health benefits cov-
erage— 
‘‘(I) may not take into account 
that an individual who is covered 
under the plan or coverage is entitled 
to 9/11-related benefits under this 
title under section 1809 or is eligible 
for benefits under this title under sub-
section (a)(2) of such section; and 
‘‘(II) shall provide that any indi-
vidual described in subclause (I) shall 
be entitled to the same benefits under 
the plan or coverage under the same 
conditions as any similarly situated 
individual who is so described. 
‘‘(ii) ENFORCEMENT.— 
‘‘(I) CIVIL MONEY PENALTIES.— 
Any plan or coverage that violates 
clause (i) is subject to a civil money 
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penalty of not to exceed $25,000 for 
each such violation. The provisions of 
section 1128A (other than subsections 
(a) and (b)) shall apply to a civil 
money penalty under the previous sen-
tence in the same manner as such 
provisions apply to a penalty or pro-
ceeding under section 1128A(a). 
‘‘(II) PRIVATE
CAUSE
OF
AC-
TION.—An individual adversely af-
fected by a violation of clause (i) may 
bring a private cause of action to en-
join the violation and to obtain dam-
ages (which shall be in an amount 
double the amount otherwise provided 
and may include reasonable attorney’s 
fees) resulting from such a violation.’’; 
(C) in the second sentence of paragraph 
(2)(A), by inserting after ‘‘large group health 
plan’’ the following: ‘‘or other coverage de-
scribed in paragraph (1)(D)(i)’’; 
(D) in paragraph (2)(B)(vi), by inserting 
‘‘or other coverage described in paragraph 
(1)(D)(i)’’ after ‘‘employer group health plan’’; 
and 
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(E) in paragraph (3)(C)— 
(i) in the heading by inserting ‘‘OR 
OTHER COVERAGE’’ after ‘‘LARGE GROUP 
HEALTH PLAN’’; and 
(ii) by inserting ‘‘or other coverage 
described in paragraph (1)(D)(i)’’ after 
‘‘large group health plan’’. 
(2) MEDICARE
MADE
PRIMARY
PAYER
FOR 
TREATMENT OF 9/11 DISASTER-CONNECTED HEALTH 
CONDITIONS.—Such section is further amended in 
paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs 
(B) and (D)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) MEDICARE IS PRIMARY PAYER FOR 
TREATMENT
OF
9/11
DISASTER-CONNECTED 
HEALTH
CONDITIONS.—Payment under this 
title shall be made without regard to subpara-
graph (A) for an item or service for the treat-
ment of a 9/11 disaster-connected health condi-
tion (as defined in section 1809(b)(2)).’’. 
(c) PROHIBITION OF DISCRIMINATION IN WORKERS’ 
COMPENSATION AND EMPLOYMENT.— 
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(1) WORKERS’ COMPENSATION.— 
(A) 
DISCRIMINATION
PROHIBITED.—A 
workers’ compensation law or plan may not dis-
criminate against an individual by virtue of the 
individual’s entitlement to benefits under title 
XVIII of the Social Security Act under section 
1809 of such Act, as inserted by subsection (a). 
(B) PRIVATE CAUSE OF ACTION.—An indi-
vidual adversely affected by a violation of sub-
paragraph (A) may bring a private cause of ac-
tion to enjoin the violation and to obtain dam-
ages (which shall be in an amount double the 
amount such individual was otherwise entitled 
to under such law or plan and may include rea-
sonable attorney’s fees) resulting from such a 
violation. 
(2) EMPLOYMENT.— 
(A) DISCRIMINATION
PROHIBITED.—An 
employer may not discriminate against an indi-
vidual in regards to hiring, advancement, com-
pensation, or other terms, conditions, and privi-
leges of employment by virtue of the individ-
ual’s entitlement to benefits under title XVIII 
of the Social Security Act under section 1809 
of such Act, as inserted by subsection (a). 
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(B) ENFORCEMENT.—The powers, rem-
edies, and procedures provided in sections 705, 
706, 707, 709, 710, and 711 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the 
Equal Employment Opportunity Commission, 
the Attorney General, or any person, alleging a 
violation of title VII of that Act (42 U.S.C. 
2000e et seq.) shall be the powers, remedies, 
and procedures this subsection provides to the 
Equal Employment Opportunity Commission, 
the Attorney General, or any person, respec-
tively, alleging discrimination in violation of 
subparagraph (A), except that any employer 
found by a court to have intentionally engaged 
in discrimination in violation of subparagraph 
(A) shall be additionally subject to a civil pen-
alty of not to exceed $25,000 for each such vio-
lation. 
(C) EMPLOYER DEFINED.—As used in this 
paragraph, the term ‘‘employer’’ has the same 
meaning given that term in section 101(5) of 
the Americans with Disabilities Act of 1990 (42 
U.S.C. 12112(5)). 
(d) CONFORMING AMENDMENTS.— 
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(1) APPLICATION
OF
ENROLLMENT
CORREC-
TION PROVISIONS.—Section 1837(h) of the Social 
Security Act (42 U.S.C. 1395p(h)) is amended by 
inserting ‘‘or section 1809(d)’’ after ‘‘1818’’. 
(2) CONFORMING
REFERENCE.—The second 
sentence of section 1818(a) of such Act (42 U.S.C. 
1395i–2(a)) is amended by inserting ‘‘or 1809(d)’’ 
after ‘‘1818A’’ . 
(3) APPLICATION
OF
QMB
PROVISIONS.—Sec-
tion 1905(p)(1)(A) of such Act (42 U.S.C. 
1396d(p)(1)(A)) is amended by inserting ‘‘or 
1809(d)’’ after ‘‘1818’’. 
SEC. 3. CONSORTIUM TO CONDUCT SCREENING, MONI-
TORING, TREATMENT, AND RESEARCH RE-
GARDING 
9/11 
DISASTER-CONNECTED 
HEALTH CONDITIONS. 
(a) ESTABLISHMENT OF CONSORTIUM.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Health and Human Services, in consultation with 
the Director of the Centers for Disease Control and 
Prevention and the Director of the National Insti-
tutes of Health, shall establish a consortium (in this 
section referred to as the ‘‘Consortium’’). 
(2) COMPOSITION.— 
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