I 
109TH CONGRESS 
1ST SESSION H. R. 4410 
To amend part D of title XVIII of the Social Security Act to extend the 
initial enrollment period for Medicare prescription drug benefits through 
May 15, 2008, to waive penalties for late enrollment before June 1, 
2008, and to provide other additional beneficiary protections. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2005 
Mr. LARSON of Connecticut (for himself, Ms. DELAURO, Mrs. MCCARTHY, 
Mr. DOYLE, Mr. STUPAK, Mr. WU, Mr. DOGGETT, Mr. MCDERMOTT, Mr. 
JEFFERSON, Mr. BECERRA, Mr. CAPUANO, and Mr. RYAN of Ohio) intro-
duced the following bill; which was referred to the Committee on Energy 
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 jurisdiction of the 
committee concerned 
A BILL 
To amend part D of title XVIII of the Social Security 
Act to extend the initial enrollment period for Medicare 
prescription drug benefits through May 15, 2008, to 
waive penalties for late enrollment before June 1, 2008, 
and to provide other additional beneficiary protections. 
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 ‘‘Medicare Prescription 
Drug Flexibility for Seniors Act of 2005’’. 
SEC. 2. EXTENDED PERIODS OF INITIAL ENROLLMENT FOR 
THE MEDICARE PRESCRIPTION DRUG BEN-
EFIT WITHOUT LATE ENROLLMENT PENALTY. 
(a) EXTENDED
INITIAL
ENROLLMENT.—Section 
1860D–1(b)(1) of the Social Security Act (42 U.S.C. 
1395w–101(b)(1)) is amended— 
(1) in subparagraph (B)(iii), by inserting ‘‘sub-
paragraph (D) and’’ after ‘‘Subject to’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) EXTENSION OF INITIAL ENROLLMENT PE-
RIODS.—For purposes of subparagraph (B)(iii), in 
applying section 1851(e)(1), with respect to the an-
nual, coordinated election period— 
‘‘(i) for 2006, such period shall begin on 
November 15, 2005, and end on November 14, 
2006; 
‘‘(ii) for 2007, such period shall begin on 
November 15, 2006, and end on November 14, 
2007; and 
‘‘(iii) for 2008, such period shall begin on 
November 15, 2007, and end on May 15, 
2008.’’.
(b) NO LATE ENROLLMENT PENALTIES FOR EN-
ROLLMENT
BEFORE
JUNE
2008.—Section 1860D– 
13(b)(3)(B) of such Act (42 U.S.C. 1395w–113(b)(3)(B)) 
is amended by inserting ‘‘(after May 2008)’’ after ‘‘any 
month’’. 
SEC. 
3. 
PERMITTING 
MEDICARE 
BENEFICIARIES 
EN-
ROLLED UNDER PRESCRIPTION DRUG PLANS 
THAT CHANGE THEIR FORMULARIES TO EN-
ROLL UNDER OTHER PLANS. 
Section 1860D–1(b)(3) of such Act (42 U.S.C. 
1395w–101(b)(3)) is amended by adding at the end the 
following new subparagraph: 
‘‘(F) 
ENROLLMENT
UNDER
PRESCRIPTION 
DRUG PLANS THAT CHANGE THEIR FORMULARIES.— 
In the case of a part D eligible individual who is en-
rolled in a prescription drug plan that uses a for-
mulary, if the plan removes a covered part D drug 
from its formulary or changes the preferred or tiered 
cost-sharing status of such a drug and the individual 
is adversely affected by such change, there shall be 
a 60-day special enrollment period beginning on the 
date on which the individual receives a notice of 
such removal or change.’’.
SEC. 4. CIVIL MONEY PENALTY APPLIED TO EMPLOYERS 
WHO PROVIDE FALSE STATEMENTS WITH RE-
SPECT TO OFFERING DRUG COVERAGE THAT 
IS MEDICARE CREDITABLE PRESCRIPTION 
DRUG COVERAGE. 
Section 1860D–13(b)(6)(B) of such Act (42 U.S.C. 
1395w–113(b)(6)(B)) is amended by adding at the end 
the following new clause: 
‘‘(iii) CIVIL MONEY PENALTY FOR FALSE 
STATEMENTS
RELATED
TO
EMPLOYER-SPON-
SORED
PRESCRIPTION
DRUG
COVERAGE.—In 
the case of an entity that offers prescription 
drug coverage as part of an employment-based 
group health plan, the Secretary may impose a 
civil money penalty in an amount not to exceed 
$10,000 for each false or misleading disclosure 
made by such entity under clause (i). The pro-
visions of section 1128A (other than sub-
sections (a) and (b) and the second sentence of 
subsection (f)) shall apply to a civil money pen-
alty under the previous sentence in the same 
manner as such provisions apply to a penalty or 
proceeding under section 1128A(a).’’. 
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