I 
117TH CONGRESS 
1ST SESSION H. R. 3831 
To amend title XVIII of the Social Security Act to provide for certain 
rules regarding the treatment of eligible retirement plans in determining 
the eligibility of individuals for premium and cost-sharing subsidies under 
part D of the Medicare program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2021 
Mrs. LEE of Nevada (for herself and Mr. FITZPATRICK) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for certain rules regarding the treatment of eligible re-
tirement plans in determining the eligibility of individuals 
for premium and cost-sharing subsidies under part D 
of the Medicare program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Seniors Securing Ac-
cess to Vital and Essential Prescription Drugs Act’’. 
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SEC. 2. PROVIDING FOR CERTAIN RULES REGARDING THE 
TREATMENT 
OF 
ELIGIBLE 
RETIREMENT 
PLANS IN DETERMINING THE ELIGIBILITY OF 
INDIVIDUALS 
FOR 
PREMIUM 
AND 
COST- 
SHARING SUBSIDIES UNDER PART D OF THE 
MEDICARE PROGRAM. 
(a) IN GENERAL.—Section 1860D–14(a)(3) of the 
Social Security Act (42 U.S.C. 1395w–114(a)(3)) is 
amended— 
(1) in subparagraph (A)(iii), by striking ‘‘sub-
paragraph 
(D)’’ 
and 
inserting 
‘‘subparagraph 
(D)(i)’’; 
(2) in subparagraph (C)(i), by striking ‘‘except 
that support and maintenance furnished in kind 
shall not be counted as income; and’’ and inserting 
‘‘except that— 
‘‘(I) support and maintenance 
furnished in kind shall not be counted 
as income; and 
‘‘(II) any distribution or with-
drawal from an eligible retirement 
plan (as defined in subparagraph (B) 
of section 402(c)(8) of the Internal 
Revenue Code of 1986, but excluding 
any defined benefit plan described in 
clause (iv) or (v) of such subpara-
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graph and any qualified trust (as de-
fined in subparagraph (A) of such sec-
tion) which is part of such a defined 
benefit plan) shall not be counted as 
income; and’’; 
(3) in subparagraph (D)— 
(A) by redesignating clauses (i) and (ii) as 
subclauses (I) and (II), respectively, and mov-
ing the margin of each such subclause, as so re-
designated, 2 ems to the right; 
(B) by striking ‘‘The resources require-
ment’’ and inserting the following: 
‘‘(i) IN GENERAL.—The resources re-
quirement’’; 
(C) by striking ‘‘subject to the life insur-
ance policy exclusion’’ and inserting ‘‘, subject 
to the exclusions’’; 
(D) by aligning the margin of the flush 
sentence at the end with the margin of clause 
(i), as added by subparagraph (B); and 
(E) by adding at the end the following: 
‘‘(ii) 
APPLICATION
OF
RESOURCE 
STANDARD
WITH
RESPECT
TO
CERTAIN 
BENEFICIARIES.—In 
applying 
the 
re-
sources requirement of this subparagraph 
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under section 1905(p)(1)(C), such require-
ment shall be applied without regard to the 
exclusions provided under subparagraph 
(G).’’; 
(4) in subparagraph (E), by striking ‘‘subject to 
the life insurance policy exclusion’’ and inserting ‘‘, 
subject to the exclusions’’; and 
(5) in subparagraph (G)— 
(A) in the subparagraph heading, by strik-
ing ‘‘LIFE INSURANCE POLICY EXCLUSION’’ and 
inserting ‘‘RESOURCE EXCLUSIONS’’; and 
(B) by striking ‘‘for purposes of subpara-
graphs (D) and (E) no part of the value of any 
life insurance policy shall be taken into ac-
count.’’ and inserting ‘‘for purposes of subpara-
graphs (D)(i) and (E), the following exclusions 
shall apply: 
‘‘(i) LIFE
INSURANCE
POLICY.—No 
part of the value of any life insurance pol-
icy shall be taken into account. 
‘‘(ii) ELIGIBLE RETIREMENT PLAN.— 
No balance in any eligible retirement plan 
(as described in subparagraph (C)(i)(II)) 
shall be taken into account.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to plan years begin-
ning on or after January 1, 2024. 
Æ 
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