Medicare enrollment process, enrolling individ-
uals— 
‘‘(i) receive information describing the 
low-income subsidy provided under this 
section; and 
‘‘(ii) are provided the opportunity to 
opt-in to the expedited process described in 
this subsection by giving consent for the 
Secretary to screen the beneficiary for eli-
gibility for such subsidy through a request 
to the Secretary of the Treasury under sec-
tion 6103(l)(7) of the Internal Revenue 
Code of 1986. 
‘‘(C) TRANSITION FOR CURRENTLY ELIGI-
BLE INDIVIDUALS.—In the case of any part D 
eligible individual to which subparagraph (B) 
did not apply at the time of such individual’s 
enrollment, the Secretary shall, as soon as prac-
ticable after implementation of subparagraph 
(B), request in writing that the Secretary of the 
Treasury 
disclose, 
pursuant 
to 
section 
6103(l)(21) of the Internal Revenue Code of 
1986, whether such individual has either filed 
no income tax return or whether such individ-
ual’s income tax return indicates likely eligi-
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bility for the low-income subsidy provided under 
this section. 
‘‘(2) NOTIFICATION OF POTENTIALLY ELIGIBLE 
INDIVIDUALS.—Under such process, in the case of 
each individual identified under paragraph (1) who 
has not otherwise applied for, or been determined el-
igible for, benefits under this section (or who has ap-
plied for and been determined ineligible for such 
benefits based only on excess resources), the Sec-
retary shall send them a letter (using basic, uncom-
plicated language) containing the following: 
‘‘(A) ELIGIBILITY.—A statement that, 
based on the information obtained under para-
graph (1), the individual is likely eligible for 
low-income subsidies under this section. 
‘‘(B) AMOUNT OF SUBSIDIES.—A descrip-
tion of the amount of premium and cost-sharing 
subsidies under this section for which the indi-
vidual would likely be eligible based on such in-
formation. 
‘‘(C) 
ENROLLMENT
OPPORTUNITY.—In 
case the individual is not enrolled in a prescrip-
tion drug plan or MA–PD plan— 
‘‘(i) a statement that— 
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‘‘(I) the individual has the oppor-
tunity to enroll in a prescription drug 
plan or MA–PD plan for benefits 
under this part, but is not required to 
be so enrolled; and 
‘‘(II) if the individual has cred-
itable prescription drug coverage, the 
individual need not so enroll; 
‘‘(ii) a list of the prescription drug 
plans and MA–PD plans in which the indi-
vidual is eligible to enroll; 
‘‘(iii) an enrollment form that may be 
used to enroll in such a plan by mail and 
that provides that if the individual wishes 
to enroll but does not designate a plan, the 
Secretary is authorized to enroll the indi-
vidual in the medicare operated prescrip-
tion drug plan in accordance with section 
1860D–1(b)(1)(C); and 
‘‘(iv) a statement that the individual 
may also enroll online or by telephone, but, 
in order to qualify for low-income sub-
sidies, the individual must complete the at-
testation described in subparagraph (D) or 
otherwise apply for such subsidies. 
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‘‘(D) ATTESTATION.—A one-page applica-
tion form that provides for a signed attestation, 
under penalty of law, as to the amount of in-
come and assets of the individual and con-
stitutes an application for the low-income sub-
sidies described in subparagraph (B). Such 
form— 
‘‘(i) shall not require the submittal of 
additional documentation regarding income 
or assets; 
‘‘(ii) shall permit the appointment of 
a personal representative described in 
paragraph (6); and 
‘‘(iii) may provide for the specification 
of a language (other than English) that is 
preferred for subsequent communications 
with respect to the individual under this 
part. 
‘‘(E) INFORMATION ON SHIP.—Information 
on how the individual may contact the State 
Health Insurance Assistance Program (SHIP) 
for the State in which the individual is located 
in order to obtain assistance regarding enroll-
ment and benefits under this part. 
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If a State is doing its own outreach to low-income 
seniors regarding enrollment and low-income sub-
sidies under this part, such process shall be coordi-
nated with the State’s outreach effort. 
‘‘(3) FOLLOW-UP COMMUNICATIONS.—If the in-
dividual does not respond to the letter described in 
paragraph (2) either by making an enrollment de-
scribed in paragraph (2)(C), completing an attesta-
tion described in paragraph (2)(D), or declining ei-
ther or both, the Secretary shall make additional at-
tempts to contact the individual to obtain such an 
affirmative response. 
‘‘(4) HOLD-HARMLESS.—Under such process, if 
an individual in good faith and the absence of fraud 
executes an attestation described in paragraph 
(2)(D) and is provided low-income subsidies under 
this section on the basis of such attestation, if the 
individual is subsequently found not eligible for such 
subsidies, there shall be no recovery made against 
the individual because of such subsidies improperly 
paid. 
‘‘(5) USE OF AUTHORIZED REPRESENTATIVE.— 
Under such process, with proper authorization 
(which may be part of the attestation form described 
in paragraph (2)(D)), an individual may authorize 
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another individual to act as the individual’s personal 
representative with respect to communications under 
this part and the enrollment of the individual under 
a prescription drug plan (or MA–PD plan) and for 
low-income subsidies under this section. 
‘‘(6) USE OF PREFERRED LANGUAGE IN SUBSE-
QUENT COMMUNICATIONS.—In the case an attesta-
tion described in paragraph (2)(D) is completed and 
in which a language other than English is specified 
under clause (iii) of such paragraph, the Secretary 
shall provide that subsequent communications to the 
individual under this part shall be in such language. 
‘‘(7) CONSTRUCTION.—Nothing in this sub-
section shall be construed as precluding the Sec-
retary from taking additional outreach efforts to en-
roll eligible individuals under this part and to pro-
vide low-income subsidies to eligible individuals.’’. 
(b) TRANSITIONAL DISCLOSURE OF RETURN INFOR-
MATION
FOR PURPOSES
OF PROVIDING LOW-INCOME 
SUBSIDIES UNDER MEDICARE.— 
(1) IN
GENERAL.—Subsection (l) of section 
6103 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new 
paragraph: 
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‘‘(21) TRANSITIONAL DISCLOSURE OF RETURN 
INFORMATION FOR PURPOSES OF PROVIDING LOW- 
INCOME SUBSIDIES UNDER MEDICARE.— 
‘‘(A) IN GENERAL.—The Secretary, upon 
written request from the Secretary of Health 
and Human Services under section 1860D– 
14(e)(1) of the Social Security Act for an indi-
vidual described in subparagraph (C) of such 
section, shall disclose to officers and employees 
of the Department of Health and Human Serv-
ices and the Social Security Administration 
with respect to a taxpayer for the applicable 
year— 
‘‘(i)(I) whether the adjusted gross in-
come, as modified in accordance with spec-
ifications of the Secretary of Health and 
Human Services for purposes of carrying 
out such section, of such taxpayer and, if 
applicable, such taxpayer’s spouse, for the 
applicable year, exceeds the amounts speci-
fied by the Secretary of Health and 
Human Services as indicating likely eligi-
bility for the low-income subsidy provided 
under section 1860D–14 of such Act, 
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‘‘(II) whether the return was a joint 
return, and 
‘‘(III) the applicable year, or 
‘‘(ii) if applicable, the fact that there 
is no return filed for such taxpayer for the 
applicable year. 
‘‘(B) DEFINITION OF APPLICABLE YEAR.— 
For the purposes of this paragraph, the term 
‘applicable year’ means the most recent taxable 
year for which information is available in the 
Internal Revenue Service’s taxpayer data infor-
mation systems, or, if there is no return filed 
for such taxpayer for such year, the prior tax-
able year. 
‘‘(C) RESTRICTION ON USE OF DISCLOSED 
INFORMATION.—Return information disclosed 
under this paragraph may be used only for the 
purposes of identifying eligible individuals for, 
and administering— 
‘‘(i) low-income subsidies under sec-
tion 1860D–14 of the Social Security Act, 
and 
‘‘(ii) the Medicare Savings Program 
implemented under clauses (i), (iii), and 
(iv) of section 1902(a)(10)(E) of such Act. 
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‘‘(D) TERMINATION.—Return information 
may not be disclosed under this paragraph after 
the date that is one year after the date of the 
enactment of this paragraph.’’. 
(2) CONFIDENTIALITY.—Paragraph (3) of sec-
tion 6103(a) of such Code is amended by striking 
‘‘or (20)’’ and inserting ‘‘(20), or (21)’’. 
(3) PROCEDURES
AND
RECORDKEEPING
RE-
LATED TO DISCLOSURES.—Paragraph (4) of section 
6103(p) of such Code is amended by striking ‘‘or 
(20)’’ each place it appears and inserting ‘‘(20), or 
(21)’’. 
(4) UNAUTHORIZED
DISCLOSURE
OR
INSPEC-
TION.—Paragraph (2) of section 7213(a) of such 
Code is amended by striking ‘‘or (20)’’ and inserting 
‘‘(20), or (21)’’. 
SEC. 205. INCREASE IN PERMITTED RESOURCES TO OBTAIN 
LOW-INCOME SUBSIDIES. 
(a) INCREASE IN RESOURCE LIMITS.—Subparagraph 
(E)(i) of section 1860D–14(a)(3) of the Social Security 
Act (42 U.S.C. 1395ww–114(a)(3)) is amended— 
(1) in subclause (I), by striking ‘‘for 2006’’ and 
inserting ‘‘for months in 2006 before the first day 
of the first month beginning after the date of the en-
actment of the Medicare Prescription Drug Savings 
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for Our Seniors (Medicare Prescription Drug SOS) 
Act of 2006’’ and by striking ‘‘and’’ at the end; 
(2) by redesignating subclause (II) as subclause 
(III); 
(3) by inserting after subclause (I) the fol-
lowing new subclause: 
‘‘(II) for months in 2006 begin-
ning with the first month that begins 
after the date of the enactment of the 
Medicare Prescription Drug Savings 
for Our Seniors (Medicare Prescrip-
tion Drug SOS) Act of 2006, $50,000 
(or $100,000 in the case of the com-
bined value of the individual’s assets 
or resources and the assets or re-
sources of the individual’s spouse); 
and’’; and 
(4) in the last sentence, by striking ‘‘subclause 
(II)’’ and inserting ‘‘subclause (III)’’. 
(b) NOT COUNTING VALUE OF LIFE INSURANCE AS 
RESOURCE.—Such section is further amended— 
(1) in subparagraphs (D) and (E), by inserting 
‘‘, except as provided in subparagraph (G)’’ after 
‘‘supplemental security income program’’; and 
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(2) by adding at the end the following new sub-
paragraph: 
‘‘(G) EXCLUSION OF LIFE INSURANCE IN 
RESOURCES.—For purposes of subparagraphs 
(D) and (E), the value of a life insurance policy 
shall not be counted as a resource for months 
beginning after the date of the enactment of 
this subparagraph.’’. 
SEC. 206. WAIVER OF LATE ENROLLMENT PENALTY FOR 
SUBSIDY ELIGIBLE INDIVIDUALS FOR FIRST 
24 MONTHS OF NON-ENROLLMENT. 
Section 1860D–13(b)(3)(B) of the Social Security 
Act (42 U.S.C. 1395w–113(b)(3)(B)) is amended by in-
serting before the period at the end the following: ‘‘, except 
that in the case of a subsidy eligible individual (as defined 
in section 1860D–14(a)(3)(A)) the first 24 uncovered 
months shall not be counted’’. 
TITLE III—FRAUD AND ABUSE 
PROVISIONS 
SEC. 301. CRIMINAL PENALTY FOR FRAUD IN CONNECTION 
WITH ENROLLMENT UNDER AN MA PLAN OR 
PRESCRIPTION DRUG PLAN. 
(a) IN GENERAL.—Section 1857 of the Social Secu-
rity Act (42 U.S.C. 1395w–27) is amended by adding at 
the end the following new subsection: 
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‘‘(j) CRIMINAL PENALTY FOR FRAUD IN CONNEC-
TION WITH ENROLLMENT UNDER AN MA PLAN OR PRE-
SCRIPTION DRUG PLAN.—Whoever knowingly and will-
fully— 
‘‘(1) defrauds an individual in connection with 
the enrollment (or nonenrollment) of the individual 
with a Medicare Advantage plan under this part or 
a prescription drug plan under part D; or 
‘‘(2) fraudulently or falsely represents an entity 
to be such a plan for purposes of inducing enroll-
ment in such entity; 
shall be fined under title 18, United States Code, or im-
prisoned not less than 3 years and not more than 10 years, 
or both.’’. 
(b) CONFORMING REFERENCE IN PART D.—Section 
1860D–12(b) of such Act (42 U.S.C. 1395w–112(b)) is 
amended by adding at the end the following new para-
graph: 
‘‘(4) REFERENCE TO PENALTY FOR FRAUD IN 
CONNECTION
WITH
ENROLLMENT
UNDER
A
PRE-
SCRIPTION DRUG PLAN.—For provision imposing a 
criminal penalty for defrauding an individual in con-
nection with the enrollment of such individual under 
a prescription drug plan, see section 1857(j).’’. 
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(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to fraudulent acts and to fraud-
ulent or false representations made on or after the date 
of the enactment of this Act. 
SEC. 302. RECOURSE FOR SLAMMING PRACTICES. 
Section 1851 of the Social Security Act (42 U.S.C. 
1395w–21) is amended by adding at the end the following 
new subsection: 
‘‘(j) SANCTIONS AGAINST SLAMMING PRACTICES.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish procedures, consistent with this subsection and 
the complaint processes otherwise available, under 
which Medicare Advantage eligible individuals who 
have been enrolled into an MA–PD plan without 
their informed consent may file a complaint with the 
Secretary regarding such enrollment. Such a com-
plaint shall be signed and shall attest, under penalty 
of perjury, as to the accuracy of the statements 
therein. 
‘‘(2) RESPONSE TO THE COMPLAINT.—If the 
Secretary finds that the complaint is justified by the 
facts in the case, the Secretary shall permit the indi-
vidual to be enrolled under the original medicare fee- 
for-service program and the medicare operated pre-
scription drug plan or under another MA plan in 
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which the individual was previously enrolled. An in-
dividual who is dissatisfied with the Secretary’s deci-
sion on the complaint may have a hearing on the 
complaint before an administrative law judge in a 
manner similar to the manner in which such a hear-
ing is permitted under this title with respect to other 
determinations under this title.’’. 
SEC. 303. PROTECTION FROM LOSS OF EMPLOYMENT- 
BASED RETIREE HEALTH COVERAGE UPON 
ENROLLMENT 
FOR 
MEDICARE 
PRESCRIP-
TION DRUG BENEFIT DURING 2006. 
Section 1860D–22(a)(2) of the Social Security Act 
(42 U.S.C. 1395w–132(a)(2)) is amended by adding at the 
end the following new subparagraph: 
‘‘(D) PROTECTION
FROM
LOSS
OF
EM-
PLOYMENT-BASED COVERAGE.—The sponsor of 
the plan may not involuntarily discontinue cov-
erage of an individual under a group health 
plan before January 1, 2008, based upon the 
individual’s decision to enroll in a prescription 
drug plan or an MA–PD plan under this part.’’. 
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SEC. 304. REQUIRED APPLICATION OF INTERMEDIATE 
SANCTIONS TO PROTECT AGAINST FRAUD 
AND ABUSE. 
(a) IN GENERAL.—Section 1860D–12(b)(3)(E) of 
the Social Security Act (42 U.S.C. 1395w–112(b)(3)(E)) 
is amended by inserting ‘‘and the reference to ‘may pro-
vide’ in section 1857(g)(1) is deemed a reference to ‘shall 
provide’ ’’ after ‘‘this part’’. 
(b) APPLICATION
TO
MA–PD PLANS.—Section 
1857(g)(1) of such Act (42 U.S.C. 1395w–27(g)(1)) is 
amended by inserting ‘‘(or in the case of an MA–PD plan 
or a prescription drug plan under part D, the Secretary 
shall provide)’’ after ‘‘may provide’’. 
SEC. 305. REPEAL OF SPECIAL WAIVER AUTHORITY FOR 
STATE LICENSURE. 
Subsection (d) of section 423.410 of title 42, Code 
of Federal Regulations, is repealed, and the Secretary of 
Health and Human Services has no authority to provide 
for a waiver of a State licensure requirement described 
in 
such 
subsection 
except 
pursuant 
to 
section 
1855(a)(2)(B) of the Social Security Act (42 U.S.C. 
1395w–25(a)(2)(B)). 
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TITLE IV—RELATION TO SOCIAL 
SECURITY BENEFITS 
SEC. 401. PROTECTION OF SOCIAL SECURITY BENEFITS 
AGAINST DECREASE DUE TO PART D MEDI-
CARE PREMIUM INCREASES. 
(a) PROTECTION AGAINST DECREASE IN SOCIAL SE-
CURITY BENEFITS.— 
(1) APPLICATION TO ENROLLEES IN PRESCRIP-
TION DRUG PLANS.—Section 1860D–13(a)(1) of the 
Social Security Act (42 U.S.C. 1395ww–113(a)(1)) 
is amended— 
(A) in subparagraph (F), by striking ‘‘(D) 
and (E),’’ and inserting ‘‘(D), (E), and (F),’’; 
(B) by redesignating subparagraph (F) as 
subparagraph (G); and 
(C) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) PROTECTION
OF
SOCIAL
SECURITY 
BENEFITS.—For any calendar year, if an indi-
vidual is entitled to monthly benefits under sec-
tion 202 or 223 or to a monthly annuity under 
section 3(a), 4(a), or 4(f) of the Railroad Re-
tirement Act of 1974 for November and Decem-
ber of the preceding year and was enrolled 
under a prescription drug plan or MA–PD plan 
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for such months, the base beneficiary premium 
otherwise applied under this paragraph for the 
individual for months in that year shall be de-
creased by the amount (if any) by which the 
sum of the amounts described in the following 
clauses (i) and (ii) exceeds the amount of the 
increase in such monthly benefits for that indi-
vidual attributable to section 215(i): 
‘‘(i) PART D PREMIUM INCREASE FAC-
TOR.— 
‘‘(I) IN
GENERAL.—Except as 
provided in this clause, the amount of 
the increase (if any) in the adjusted 
national average monthly bid amount 
(as determined under subparagraph 
(B)(iii)) for a month in the year over 
such amount for a month in the pre-
ceding year. 
‘‘(II) NO APPLICATION TO FULL 
PREMIUM SUBSIDY INDIVIDUALS.—In 
the case of an individual enrolled for 
a premium subsidy under section 
1860D–14(a)(1), zero. 
‘‘(III) SPECIAL RULE FOR PAR-
TIAL
PREMIUM
SUBSIDY
INDIVID-
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UALS.—In the case of an individual 
enrolled for a premium subsidy under 
section 1860D–14(a)(2), a percent of 
the increase described in subclause (I) 
equal to 100 percent minus the per-
cent applied based on the linear scale 
under such section. 
‘‘(ii) PART
B
PREMIUM
INCREASE 
FACTOR.—If the individual is enrolled for 
such months under part B— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the amount 
of the annual increase in premium ef-
fective for such year resulting from 
the application of section 1839(a)(3), 
as reduced (if any) under section 
1839(f). 
‘‘(II) NO APPLICATION TO INDI-
VIDUALS PARTICIPATING IN MEDICARE 
SAVINGS PROGRAM.—In the case of an 
individual who is enrolled for medical 
assistance under title XIX for medi-
care cost-sharing described in section 
1905(p)(3)(A)(ii), zero.’’. 
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(2) APPLICATION
UNDER
MEDICARE
ADVAN-
TAGE PROGRAM.—Section 1854(b)(2)(B) of such Act 
(42 U.S.C. 1395w–24(b)(2)(B)), as in effect as of 
January 1, 2006, relating to MA monthly prescrip-
tion drug beneficiary premium, is amended by in-
serting after ‘‘as adjusted under section 1860D– 
13(a)(1)(B)’’ the following: ‘‘and section 1860D– 
13(a)(1)(F)’’. 
(3) PAYMENT FROM MEDICARE PRESCRIPTION 
DRUG ACCOUNT.—Section 1860D–16(b) of such Act 
(42 U.S.C. 1395w–116(b)) is amended— 
(A) in paragraph (1), as amended by sec-
tion 101(c)(5)— 
(i) by striking ‘‘and’’ at the end of 
subparagraph (D); 
(ii) by striking the period at the end 
of subparagraph (E) and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(F) payment under paragraph (5) of pre-
mium reductions effected under section 1860D– 
13(a)(1)(F).’’; and 
(B) by adding at the end the following new 
paragraph: 
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