I 
117TH CONGRESS 
2D SESSION 
H. R. 7997 
To amend title XVIII of the Social Security Act to establish a floor in 
Medicare Advantage benchmark rates for regions with low Medicare 
fee-for-service penetration and to make the Medicare Savings Program 
available in all jurisdictions. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2022 
Miss GONZA´LEZ-COLO´N (for herself, Mr. SOTO, Ms. VELA´ZQUEZ, Ms. SALA-
ZAR, Mr. CRIST, Mr. FITZPATRICK, Mr. BACON, Mr. ESPAILLAT, and 
Mrs. RADEWAGEN) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Com-
mittee 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 jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to establish 
a floor in Medicare Advantage benchmark rates for re-
gions with low Medicare fee-for-service penetration and 
to make the Medicare Savings Program available in all 
jurisdictions. 
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 ‘‘Achieving Equity in 
the Treatment of Dual Eligible Beneficiaries Act’’. 
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SEC. 2. ADDRESSING DISPARITIES IN MEDICARE ADVAN-
TAGE BENCHMARK LEVELS BASED ON PENE-
TRATION. 
(a) IN GENERAL.—Section 1853(n) of the Social Se-
curity Act (42 U.S.C. 1395w–23(n)) is amended— 
(1) in paragraph (1)(B), by striking ‘‘subse-
quent year’’ and inserting ‘‘subsequent year, subject 
to paragraph (6),’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) 
AVERAGE
GEOGRAPHIC
ADJUSTMENT 
FLOOR.—For 2024 and subsequent years, when cal-
culating the adjusted average per capita cost under 
section 1876(a)(4) for the purposes of establishing 
the base payment amount specified in paragraph 
(2)(E), the average geographic adjustment shall not 
be less than 0.70 for any area. For the purposes of 
the previous sentence, the Secretary may define the 
term ‘average geographic adjustment’ under sub-
paragraph (A) by program instruction or other-
wise.’’. 
(b) ENSURING PLAN PAYMENTS FLOW
TO PRO-
VIDERS AND PATIENTS.—Section 1854(a)(6) of the Social 
Security Act (42 U.S.C. 1395w–24(a)(6)) is amended by 
adding at the end the following new subparagraph: 
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‘‘(C) ENSURING
INCREASED
PAYMENTS 
SUPPORT CARE.—With respect to the increase 
in blended benchmark amount attributable to 
the application of section 1853(n)(6), no less 
than 50 percent shall be directed toward pay-
ment for basic benefits as defined in section 
1852(a)(1)(B).’’. 
SEC. 3. EXPANDING THE MEDICARE SAVINGS PROGRAM TO 
THE TERRITORIES. 
Section 1905(p)(4) of the Social Security Act (42 
U.S.C. 1396d(p)(4)) is amended by inserting ‘‘for fiscal 
years through 2022’’ after ‘‘Columbia)’’. 
Æ 
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