[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3637 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3637
To amend title XVIII of the Social Security Act to prevent a decrease
in Social Security benefits resulting from Medicare part D premiums
increases.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2005
Mr. Thompson of California (for himself and Mrs. Emerson) introduced
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 title XVIII of the Social Security Act to prevent a decrease
in Social Security benefits resulting from Medicare part D premiums
increases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefit Protection
Act of 2005''.
SEC. 2. PROTECTION OF SOCIAL SECURITY BENEFITS AGAINST DECREASE DUE TO
PART D MEDICARE PREMIUM INCREASES.
(a) Protection Against Decrease in Social Security Benefits.--
(1) Application to enrollees in prescription 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 individual is entitled to
monthly benefits under section 202 or 223 or to a
monthly annuity under section 3(a), 4(a), or 4(f) of
the Railroad Retirement Act of 1974 for November and
December of the preceding year and was enrolled under a
PDP plan or MA-PD plan for such months, the base
beneficiary premium otherwise applied under this
paragraph for the individual for months in that year
shall be decreased 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 individual attributable to
section 215(i):
``(i) Part d premium increase factor.--
``(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 preceding
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 partial
premium subsidy individuals.--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 percent 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
effective for such year resulting from
the application of section 1839(a)(3),
as reduced (if any) under section
1839(f).
``(II) No application to
individuals participating in medicare
savings program.--In the case of an
individual who is enrolled for medical
assistance under title XIX for medicare
cost-sharing described in section
1905(p)(3)(A)(ii), zero.''.
(2) Application under medicare advantage 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
prescription drug beneficiary premium, is amended by inserting
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)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) payment under paragraph (5) of premium
reductions effected under section 1860D-13(a)(1)(F).'';
and
(B) by adding at the end the following new
paragraph:
``(5) Payment for social security benefit protection
premium reductions.--
``(A) In general.--In addition to payments provided
under section 1860D-15 to a PDP sponsor or an MA
organization, in the case of each part D eligible
individual who is enrolled in a prescription drug plan
offered by such sponsor or an MA-PD plan offered by
such organization and who has a premium reduced under
section 1860D-13(a)(1)(F), the Secretary shall provide
for payment to such sponsor or organization of an
amount equivalent to the amount of such premium
reduction.
``(B) Application of provisions.--The provisions of
subsections (d) and (f) of section 1860D-15 (relating
to payment methods and disclosure of information) shall
apply to payment under subparagraph (A) in the same
manner as they apply to payments under such section.''.
(b) Disregard of Premium Reductions in Determining Dedicated
Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended by adding at the end the following:
``Such premiums shall also be determined without regard to any
reductions effected under section 1839(f) or 1860D-13(a)(1)(F) of such
title.''.
(c) Effective Dates.--
(1) Part d premium.--The amendments made by subsection (a)
apply to premiums for months beginning with January 2007.
(2) MMA provision.--The amendment made by subsection (b)
shall take effect on the date of the enactment of this Act.
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