Reform - Legislation to Fix the Medicare Act of 2003

Proposed Legislation to Fix the Medicare Act of 2003

Following is a list of proposed legislation introduced in the House and Senate during the 109^th (2005-2006) Congress describing fixes to the existing Medicare law since the passage of the Medicare Modernization Act of 2003, Pub.L.108-173 Dec 8, 2003 (MMA). It also includes bills introducing new measures to promote beneficiary-friendly changes to the law. The list will be updated on a monthly basis, and is organized by category, with the most recent proposals at the top. For further information, contact the Center for Medicare Advocacy’s Washington, DC office at (202) 293-5760.

Categories

2-Year Waiting Period	Negotiated Prices
Access in Medicare/Payment Increases	Overpayments to MA Plans
Appeals	Pay-for-Performance
Clawback/State Reimbursement	Reimportation
Cost-Sharing/“Donut Hole”	Repeal of MMA
Employer Coverage	Universal Coverage
Late Enrollment Penalty, Enrollment, and Transitions	Wrap-Around Coverage
Expanded Medicare Coverage	Other
Formularies

Repeal of MMA
H.R. 4697 (February 1, 2006) Medicare Drugs for Seniors (MEDS) Act of 2006	Sanders (I-VT) with 19 cosponsors	To amend title XVIII of the Social Security Act to replace the Medicare prescription drug benefit adopted by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 with a revised and simplified prescription benefit program for all Medicare beneficiaries.
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Negotiated Prices
H.R. 5297 (May 4, 2006) Improving Access to Medicare Part D Act of 2006 Related bills: H.R. 4792, S. 2487	Davis (R-VA)	To amend title XVIII of the Social Security Act to extend by one year the initial enrollment period for Medicare prescription drug benefits and for Medicare Advantage plans, to authorize the Secretary of Health and Human Services to negotiate fair prices for Medicare prescription drugs, and to express the sense of Congress that the Secretary should conduct activities to improve outreach and educational efforts with respect to such benefits.
S. 2354 (March 2, 2006) Medicare Prescription Drug Gap Reduction Act of 2006	Nelson (D-FL) with 9 cosponsors	A bill to amend title XVIII of the Social Security Act to reduce the coverage gap in prescription drug coverage under part D of such title based on savings to the Medicare program resulting from the negotiation of prescription drug prices.
S. 2342 (March 1, 2006) Medicare-Guaranteed Prescription Drug Act of 2006	Stabenow (D-MI) with 8 cosponsors	A bill to amend title XVIII of the Social Security Act to offer a national Medicare drug plan option with negotiated prices, and to reduce cost sharing.
H.R. 4796 (February 16, 2006) Medicare Accountability, Bargaining, and Compassion for Part D (ABC for D) Act	Moran (R-KS) with 5 cosponsors	To amend title XVIII of the Social Security Act to extend the open enrollment period to Dec. 31, 2006, require PDPs to register with state health insurance departments, authorize the Secretary to negotiate prices, and increase funding for SHIPs and Social Security regional offices.
H.R. 4792 (February 16, 2006) Fix Medicare Part D Act Related bills: H.R. 328, H.R. 5173, H.R. 5297	Larsen (D-WA) with 2 cosponsors	To fix the Medicare Part D prescription drug program by requiring the Secretary of Health and Human Services to negotiate fair prices for prescription drugs on behalf of Medicare beneficiaries, to further reduce drug costs to consumers by allowing the importation of prescription drugs under the Federal Food, Drug, and Cosmetic Act, to provide seniors with adequate time to consider their options under Medicare part D by extending the 2006 Medicare prescription drug enrollment period through December 31, 2006, without penalty, and for other purposes.
S. 2240 (February 2, 2006) Related bills: H.R. 5263	Levin (D-MI) with 1 cosponsor	A bill to amend title XVIII to reform the Medicare prescription drug program to limit formulary changes in coverage and tier status, expand wrap-around coverage, protect low-income beneficiaries from high copays, and allow the Secretary to negotiate prices.
H.R. 4652 (December 22, 2005) Related bills: H.R. 4610	Stupak (D-MI)	To provide Medicare beneficiaries with access to prescription drugs at Federal Supply Schedule prices.
H.R. 4610 (December 16, 2005) Related bills: H.R. 4652	Stupak (D-MI)	To provide Medicare beneficiaries with access to prescription drugs at Federal Supply Schedule prices.
H.R. 4395 (November 18, 2005) Medicare Prescription Drug Affordability Act of 2005	Conyers (D-MI) with 5 cosponsors	To amend titles XVIII and XIX of the Social Security Act to provide for an improved voluntary Medicare prescription drug benefit, to provide greater access to affordable pharmaceuticals, including negotiated prices and the end of the privatization of Part D.
S. 1128 (May 26, 2005) Pharmaceutical Advertising and Prudent Purchasing Act	Wyden (D-OR) with 1 cosponsor	Requires the Secretary to report to Congress on strategies to reduce the cost of prescription drugs covered under the Medicare and other federal programs directly advertised to consumers.
H.R. 2685 (May 26, 2005) Medicare Prescription Drug Price Negotiation Act	Larson (D-CT) with 2 cosponsors	To provide for prescription drugs at reduced prices to Medicare beneficiaries.
H.R. 2487 (May 19, 2005) Preserving Medicare for All Act of 2005	Cardin (D-MD)	To amend title XVIII of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide additional beneficiary protections.
H.R. 2200 (May 5, 2005) Prescription Drug Price Fairness Act	Ruppersberger (D-MD)	To amend part D of title XVIII of the Social Security Act to provide to the Secretary of Health and Human Services authority similar to the authority of the Secretary of Veterans Affairs to negotiate the lowest possible prices for outpatient prescription drugs, to include in the determination of best price for covered outpatient drugs under the Medicaid Program prices charged by manufacturers to certain Federal agencies, and for other purposes.
H.RES.267 (May 5, 2005) Related bills: H.R. 376	Hooley (D-OR)	Providing for consideration of the bill (H.R. 376) to amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to negotiate fair prices for Medicare prescription drugs on behalf of Medicare beneficiaries.
S. 873 (April 21, 2005) Medicare Prescription Drug Savings and Choice Act of 2005 Related bills: H.R. 752, S. 345	Durbin (D-IL)	To amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare program.
S. 813 (April 15, 2005)	Specter (R-PA)	A bill to amend part D of title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to negotiate for lower prices for Medicare prescription drugs.
H.R. 1626 (April 13, 2005) Medicare Prescription Drug Improvement Act	Wu (D-OR)	To amend part D of title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to negotiate for lower prices for Medicare prescription drugs and to eliminate the gap in coverage of Medicare prescription drug benefits, to authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes.
S. 445 (February 17, 2005) Medicare Prescription Drug Price Reduction Act of 2005 Related bills: H.R. 376	Stabenow (D-MI) with 10 cosponsors	A resolution to amend part D of title XVIII of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide for negotiation of fair prices for Medicare prescription drugs.
S. 345 (February 10, 2005) Medicare Prescription Drug Savings and Choice Act of 2005 Related bills: H.R.752, S. 873	Durbin (D-IL) with 4 cosponsor	A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare program.
H.R. 752 (February 10, 2005) Medicare Prescription Drug Savings and Choice Act of 2005 Related bills: S. 345, S. 873	Berry (D-AR) with 121 cosponsors	To amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare Program.
H.R. 729 (February 9, 2005) Medicare Drug Cost Credibility Act of 2005	Stark (D-CA)	To assure cost credibility of the Medicare prescription drug benefit.
H.R. 563 (February 2, 2005) Prescription Drug Affordability Act of 2005	Lynch (D-MA)	To amend part D of title XVIII of the Social Security Act to require the Secretary of Health and Human Services to negotiate and disclose lowest possible prices for prescription drug prices for Medicare beneficiaries, and, with respect to the Federal Food, Drug, and Cosmetic Act, to provide waivers that permit such beneficiaries to import prescription drugs from Canada.
S. 239 (February 1, 2005) Medicare Enhancements for Needed Drugs Act of 2005	Snowe (R-ME) with 8 cosponsors	A bill to reduce the costs of prescription drugs for Medicare beneficiaries, and for other purposes.
H.R. 376 (January 26, 2005) Medicare's Equitable Drugs for Seniors Act of 2005 Related bills: H.RES.267, S. 445	Emerson (R-MO) with 166 cosponsors	To amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to negotiate fair prices for Medicare prescription drugs on behalf of Medicare beneficiaries.
S. 123 (January 24, 2005) Efficiency in Government Health Care Spending Act	Feingold (D-WI)	A bill to amend part D of title XVIII of the Social Security Act to provide for negotiation of fair prices for Medicare prescription drugs.
S. 18 (January 24, 2005) Meeting Our Responsibility to Medicare Beneficiaries Act of 2005 Related bills: H.R. 5064	Dayton (D-MN) with 22 cosponsors	A bill to amend title XVIII of the Social Security Act to allow the Secretary to negotiate prices for prescription drugs, to eliminate the MA stabilization fun, to eliminate the gap in coverage, and to eliminate the late enrollment penalty during the transition period.