I 
110TH CONGRESS 
1ST SESSION H. R. 2307 
To amend title XVIII of the Social Security Act to provide broader and 
more informed protection to Medicare eligible individuals from abusive 
marketing practices of Medicare prescription drug plans and MA–PD 
plans to permit enrollees under Medicare prescription drug plans that 
have been sanctioned to elect to enroll under other plans. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2007 
Ms. SCHWARTZ (for herself, Mrs. LOWEY, Mr. GRIJALVA, and Ms. HIRONO) 
introduced the following bill; which was referred to the Committee on En-
ergy 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
broader and more informed protection to Medicare eligi-
ble individuals from abusive marketing practices of Medi-
care prescription drug plans and MA–PD plans to permit 
enrollees under Medicare prescription drug plans that 
have been sanctioned to elect to enroll under other plans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
06:39 May 15, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2307.IH
H2307
jcorcoran on PROD1PC65 with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Medicare 
Seniors from being Confused due to Abusive Marketing 
(Prevent Medicare SCAMs) Act of 2007’’. 
SEC. 2. STRICTER PENALTIES FOR MA–PD PLANS AND 
MEDICARE 
PRESCRIPTION 
DRUG 
PLANS 
THAT VIOLATE MARKETING REQUIREMENTS. 
Section 1857(g) of the Social Security Act (42 U.S.C. 
1395w–27(g)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) DETERMINATIONS
RELATED
TO
VIOLA-
TIONS
OF
MARKETING
REQUIREMENTS
OF
MA–PD 
PLANS AND PRESCRIPTION DRUG PLANS.—For pur-
poses of paragraphs (2) and (3), in the case that the 
Secretary makes a determination under paragraph 
(1)(E)(ii) or subsection (c)(2) because an MA–PD 
plan under this part or a prescription drug plan 
under part D is in violation of an applicable require-
ment relating to marketing and such a violation in-
volves mail, phone calls, emails, or pieces of other 
marketing material or communication specified by 
the Secretary, each piece of mail, each phone call, 
each email, and each piece of other marketing mate-
rial or communication involved shall represent a sep-
arate determination of such a violation.’’. 
VerDate Aug 31 2005 
06:39 May 15, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2307.IH
H2307
jcorcoran on PROD1PC65 with BILLS
SEC. 3. PUBLIC NOTIFICATION OF MEDICARE PRESCRIP-
TION DRUG PLANS AND MA–PD PLANS THAT 
HABITUALLY RECEIVE INTERMEDIATE SANC-
TIONS. 
Section 1860D–4(a) of such Act (42 U.S.C. 13953– 
104(a)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) PUBLIC NOTIFICATION OF MEDICARE PRE-
SCRIPTION DRUG PLANS AND MA–PD PLANS WITH 
HABITUAL VIOLATIONS.— 
‘‘(A) IN GENERAL.—For 2008 and each 
succeeding year, not later than the notice and 
posting date described in subparagraph (C) for 
such a year, the Secretary shall— 
‘‘(i) provide written notice to each 
part D eligible individual of the prescrip-
tion drug habitual sanctions information 
described in subparagraph (B); and 
‘‘(ii) post such information on the of-
ficial public Internet site of the Depart-
ment of Health and Human Services and 
the official public Internet site of the Cen-
ters of Medicare & Medicaid Services. 
‘‘(B) 
PRESCRIPTION
DRUG
HABITUAL 
SANCTIONS
INFORMATION.—For purposes of 
subparagraph (A), the prescription drug habit-
VerDate Aug 31 2005 
06:39 May 15, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2307.IH
H2307
jcorcoran on PROD1PC65 with BILLS
ual sanctions information described in this sub-
paragraph for a year is the following: 
‘‘(i) The name of— 
‘‘(I) each prescription drug plan 
under this part to which the Secretary 
applied at least three sanctions under 
section 1857(g), as applied under sec-
tion 1860D–12(b)(3)(E), during any 
24-month period that preceeds the ap-
plicable notice and posting date for 
such year; and 
‘‘(II) each MA–PD plan under 
part C to which the Secretary applied 
at least three sanctions under section 
1857(g) during such 24-month period. 
‘‘(ii) For each plan described in clause 
(i), a description of the date and type of 
violation for each sanction described in 
such clause. 
‘‘(C) NOTICE
AND
POSTING
DATE.—For 
purposes of this paragraph, the notice and post-
ing date described in this subparagraph for 
2008 and each succeeding year is the first day 
of the annual, coordinated election period under 
section 1851(e)(3)(B)(iv) for such year.’’. 
VerDate Aug 31 2005 
06:39 May 15, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2307.IH
H2307
jcorcoran on PROD1PC65 with BILLS
SEC. 
4. 
PERMITTING 
MEDICARE 
BENEFICIARIES 
EN-
ROLLED UNDER SANCTIONED PRESCRIPTION 
DRUG PLANS TO ENROLL UNDER OTHER 
PLANS. 
Section 1860D–1(b)(3) of the Social Security Act (42 
U.S.C. 1395w–101(b)(3)) is amended by adding at the 
end the following new subparagraph: 
‘‘(F) ENROLLMENT UNDER SANCTIONED PRE-
SCRIPTION DRUG PLAN.—In the case of a part D eli-
gible individual who is enrolled in a prescription 
drug plan, if enrollment in the plan is suspended 
under section 1857(g)(3)(C), as applied under sec-
tion 1860D–12(b)(3)(E), because of a failure of the 
plan to meet applicable requirements relating to 
marketing or provision of services, the special enroll-
ment period shall be the period of such suspension 
of enrollment.’’. 
SEC. 5. GAO STUDY ON ANTI-FRAUD AND ABUSE PROVI-
SIONS AND SANCTIONS FOR MEDICARE PRE-
SCRIPTION DRUG BENEFIT AND UNDER MA– 
PD PLANS. 
(a) STUDY.—Not later than November 15, 2008, the 
Comptroller General of the United States shall conduct 
a study— 
(1) to identify and describe each anti-fraud and 
abuse provision (including intermediate sanctions re-
VerDate Aug 31 2005 
06:39 May 15, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2307.IH
H2307
jcorcoran on PROD1PC65 with BILLS