I 
110TH CONGRESS 
1ST SESSION H. R. 2149 
To amend title XVIII of the Social Security Act to waive the late enrollment 
penalty under the Medicare part D benefit for certain months for individ-
uals who are first eligible to enroll for such benefit for 2006 or 2007 
and who enroll by the end of the first annual, coordinated election 
period following their initial enrollment period, to limit the amount of 
such penalty, and to require the Secretary of Health and Human Services 
to conduct a study on such penalty. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2007 
Mr. ENGLISH of Pennsylvania 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 waive 
the late enrollment penalty under the Medicare part D 
benefit for certain months for individuals who are first 
eligible to enroll for such benefit for 2006 or 2007 and 
who enroll by the end of the first annual, coordinated 
election period following their initial enrollment period, 
to limit the amount of such penalty, and to require 
the Secretary of Health and Human Services to conduct 
a study on such penalty. 
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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 ‘‘Healthcare Eligibility 
for Late Participants (HELP) in Medicare Part D Act 
of 2007’’. 
SEC. 2. MEDICARE PART D LATE ENROLLMENT PENALTY 
WAIVED FOR MONTHS BEFORE INITIAL EN-
ROLLMENT OF INDIVIDUALS WHO ARE FIRST 
ELIGIBLE TO ENROLL FOR 2006 OR 2007 AND 
WHO ENROLL BY THE END OF THE FIRST AN-
NUAL, 
COORDINATED 
ELECTION 
PERIOD 
FOLLOWING THEIR INITIAL ENROLLMENT 
PERIOD. 
(a) IN GENERAL.—Section 1860D–13(b)(3) of the 
Social Security Act (42 U.S.C. 1395w–113(b)(3)) is 
amended— 
(1) in subparagraph (B), by inserting ‘‘subject 
to subparagraph (C),’’ after ‘‘For purposes of this 
subsection,’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) SPECIAL RULE FOR 2006 AND 2007.— 
For purposes of subparagraph (B), the term 
‘uncovered month’ shall not include— 
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‘‘(i) in the case of an individual whose 
initial enrollment period under section 
1860D–1(b)(2) ends before November 15, 
2006, and who enrolls under a prescription 
drug plan or MA–PD plan during the an-
nual, coordinated election period under sec-
tion 1851(e)(3)(B), as applied under sec-
tion 1860D–1(b)(1)(B)(iii), that begins on 
such date, any month before January 
2007; and 
‘‘(ii) in the case of an individual 
whose initial enrollment period under sec-
tion 1860D–1(b)(2) begins on or after No-
vember 15, 2006, but ends before Novem-
ber 15, 2007, and who enrolls under a pre-
scription drug plan or MA–PD plan during 
the annual, coordinated election period 
under section 1851(e)(3)(B), as applied 
under section 1860D–1(b)(1)(B)(iii), that 
begins on November 15, 2007, any month 
before January 2008.’’. 
(b) EFFECTIVE DATE; REBATES
FOR PENALTIES 
PREVIOUSLY COLLECTED.— 
(1) EFFECTIVE DATE.—The amendments made 
by subsection (a) shall be effective as if included in 
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the enactment of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Pub-
lic Law 108–173). 
(2) REBATES
FOR
PENALTIES
PREVIOUSLY 
COLLECTED.—The Secretary of Health and Human 
Services shall establish a method for providing re-
bates of late enrollment penalties paid pursuant to 
section 1860D–13(b) of the Social Security Act (42 
U.S.C. 1395w–113(b)(3)(B)) for months before the 
date of the enactment of this Act for which a pen-
alty does not apply under the amendments made by 
subsection (a) but for which a penalty was pre-
viously collected. 
SEC. 3. LIMITATION ON AMOUNT OF MEDICARE PRESCRIP-
TION DRUG LATE ENROLLMENT PENALTY. 
(a) IN GENERAL.—Such section, as amended by sec-
tion 2, is further amended— 
(1) in subparagraph (A), by striking ‘‘The 
amount’’ and inserting ‘‘Subject to subparagraph 
(C), the amount’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) LIMITATION
ON
AMOUNT
OF
PEN-
ALTY.—In no case shall the amount determined 
under subparagraph (A) for a part D eligible 
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individual for a continuous period of eligibility 
exceed 25 percent of the base beneficiary pre-
mium computed under subsection (a)(2).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall be effective as if included in the enact-
ment of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 (Public Law 108–173). 
SEC. 4. REPORT ON MEDICARE PART D LATE ENROLLMENT 
PENALTY. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Health and Human 
Services shall submit to Congress a report on the Medicare 
prescription drug late enrollment penalty under section 
1860D–13(b) of the Social Security Act (42 U.S.C. 
1395w–113(b)). Such report shall include the following in-
formation: 
(1) The number of individuals who are subject 
to and paying such penalty. 
(2) The average amount of such penalty. 
(3) The number of subsidy eligible individuals 
(as defined in section 1860D–14(a)(3) of such Act 
(42 U.S.C. 1395w–114(a)(3))) who are individuals 
described in paragraph (1) and the average amount 
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of such penalty paid by such subsidy eligible individ-
uals. 
Æ 
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