‘‘(6) MEDICARE BENEFICIARY OMBUDSMAN.— 
The Secretary shall carry out this subsection acting 
through the Medicare Beneficiary Ombudsman.’’. 
(b) FUNDING.—There are authorized to be appro-
priated such sums as may be necessary for the costs of 
carrying out section 1808(d) of the Social Security Act, 
as added by subsection (a). 
(c) REPORTS.— 
(1) SECRETARY.— 
(A) ONGOING STUDY.—The Medicare Ben-
eficiary Ombudsman (under subsection (c) of 
section 1808) of the Social Security Act (42 
U.S.C. 1395b–9) shall conduct an ongoing 
study of the plan complaint system established 
under subsection (d) of such section (as added 
by subsection (a)), in this subsection referred to 
as the ‘‘system’’. Such study shall include an 
analysis of— 
(i) the numbers and types of com-
plaints reported under the system; 
(ii) geographic variations in such com-
plaints; 
(iii) the timeliness of agency or plan 
responses to such complaints; and 
(iv) the resolution of such complaints. 
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(B) QUARTERLY
REPORTS.—Not later 
than 6 months after the implementation of the 
system, and every 3 months thereafter, the Sec-
retary of Health and Human Services shall sub-
mit to Congress a report on the study con-
ducted under subparagraph (A), together with 
recommendations for such legislation and ad-
ministrative actions as the Secretary determines 
appropriate. 
(2) INSPECTOR GENERAL.—The Inspector Gen-
eral of the Department of Health and Human Serv-
ices shall conduct an evaluation of the system. Not 
later than 1 year after the implementation of the 
system, the Inspector General shall submit to Con-
gress a report on such evaluation, together with rec-
ommendations for such legislation and administra-
tive actions as the Inspector General determines ap-
propriate. 
SEC. 3. REQUIREMENT FOR NON-NETWORK MEDICARE AD-
VANTAGE PRIVATE FEE-FOR-SERVICE PLANS 
TO DISCLOSE PROVIDERS THAT REFUSE TO 
ACCEPT ENROLLEES IN THE PLAN. 
(a) IN GENERAL.—Section 1852(c)(1) of the Social 
Security Act (42 U.S.C. 1395w–22(c)(1)) is amended is 
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amended by adding at the end the following new subpara-
graph: 
‘‘(J) In the case of a Medicare Advantage 
private fee-for-service plan that meets the ac-
cess standards under subsection (d)(4), in 
whole or in part, through the establishment of 
payment rates meeting the requirements under 
subparagraph (A) of such subsection rather 
than through entering into written contracts as 
provided for under subparagraph (B) of such 
subsection, a list of providers in the service area 
of the plan who, during the previous 12 
months, have refused to accept enrollees in the 
plan pursuant to the deeming provisions under 
subsection (j)(6).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 90 days 
after the date of enactment of this Act. 
SEC. 4. PROHIBITION ON PROVIDING CERTAIN INDUCE-
MENTS AND ON COLD-CALLING, CROSS-SELL-
ING, AND UP-SELLING IN THE MARKETING OF 
MA PLANS AND PRESCRIPTION DRUG PLANS. 
(a) MEDICARE
ADVANTAGE
PROGRAM.—Section 
1851(h)(4) of the Social Security Act (42 U.S.C. 1395w– 
21(h)(4)) is amended— 
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(1) in subparagraph (A)— 
(A) by inserting ‘‘or provide for meals or 
other items of monetary value’’ after ‘‘rebates’’; 
and 
(B) by striking ‘‘, and’’ at the end and in-
serting a semicolon; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) shall not permit a Medicare Advan-
tage organization to— 
‘‘(i) market enrollment in a Medicare 
Advantage plan by telemarketing or in- 
home solicitation; 
‘‘(ii) engage in the cross-selling of 
non-Medicare products or services with 
products or services offered by a Medicare 
Advantage plan; or 
‘‘(iii) engage in up-selling from pre-
scription drug plans under part D to Medi-
care Advantage plans, 
except that in no case shall the prohibitions 
under this subparagraph be construed as pro-
hibiting such telemarketing, in-home solicita-
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tion, cross-selling, or up-selling that is con-
ducted at the request of the individual.’’. 
(b) MEDICARE PRESCRIPTION DRUG PROGRAM.— 
Section 1860D–4 of the Social Security Act (42 U.S.C. 
1395w–104) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(l) PROHIBITION ON CERTAIN MARKETING PRAC-
TICES.—The limitations on marketing practices under sec-
tion 1851(h)(4)(C) shall apply to a PDP sponsor and a 
prescription drug plan in the same manner as such limita-
tions apply to Medicare Advantage organizations and 
Medicare Advantage plans.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 90 days 
after the date of enactment of this Act. 
SEC. 5. ENROLLMENT IMPROVEMENTS UNDER MEDICARE 
PARTS C AND D. 
(a) SPECIAL ELECTION PERIOD DURING FIRST 60 
DAYS OF ENROLLMENT IN A NEW PLAN.— 
(1) IN
GENERAL.—Section 1851(e)(4) of the 
Social Security Act (42 U.S.C. 1395w(e)(4)) is 
amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
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(B) by redesignating subparagraph (D) as 
subparagraph (E); and 
(C) by inserting after subparagraph (C) 
the following new subparagraph: 
‘‘(D) the individual has been enrolled in 
such plan for fewer than 60 days; or’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date that 
is 90 days after the date of enactment of this Act. 
(b) EXTENSION
OF
THE ANNUAL, COORDINATED 
ELECTION PERIOD.— 
(1) IN GENERAL.—Section 1851(e)(3)(B)(iv) of 
the Social Security Act (42 U.S.C. 1395w– 
1(e)(3)(B)(iv)) is amended by striking ‘‘November 
15’’ and inserting ‘‘October 1’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to annual, coordinated 
election periods beginning after the date of enact-
ment of this Act. 
(c) COORDINATION UNDER PARTS C AND D OF THE 
CONTINUOUS OPEN ENROLLMENT AND DISENROLLMENT 
PERIOD FOR THE FIRST 3 MONTHS OF THE YEAR.— 
(1) 
IN
GENERAL.—Section 
1860D– 
1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 
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