Page:United States Statutes at Large Volume 120.djvu/3021

 120 STAT. 2990 42 USC 1395u note.

Ante, p. 4.

PUBLIC LAW 109–432—DEC. 20, 2006

1395u(b)(6)(F))’’ and inserting ‘‘1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6))’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the enactment of the Deficit Reduction Act of 2005 (Public Law 109–171). SEC. 206. LIMITED CONTINUOUS OPEN ENROLLMENT OF ORIGINAL MEDICARE FEE-FOR-SERVICE ENROLLEES INTO MEDICARE ADVANTAGE NON-PRESCRIPTION DRUG PLANS.

(a) IN GENERAL.—Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w–21(e)(2)) is amended by adding at the end the following new subparagraph: ‘‘(E) LIMITED CONTINUOUS OPEN ENROLLMENT OF ORIGINAL FEE-FOR-SERVICE ENROLLEES IN MEDICARE ADVANTAGE NON-PRESCRIPTION DRUG PLANS.— ‘‘(i) IN GENERAL.—On any date during 2007 or 2008 on which a Medicare Advantage eligible individual is an unenrolled fee-for-service individual (as defined in clause (ii)), the individual may elect under subsection (a)(1) to enroll in a Medicare Advantage plan that is not an MA–PD plan. ‘‘(ii) UNENROLLED FEE-FOR-SERVICE INDIVIDUAL DEFINED.—In this subparagraph, the term ‘unenrolled fee-for-service individual’ means, with respect to a date, a Medicare Advantage eligible individual who— ‘‘(I) is receiving benefits under this title through enrollment in the original medicare feefor-service program under parts A and B; ‘‘(II) is not enrolled in an MA plan on such date; and ‘‘(III) as of such date is not otherwise eligible to elect to enroll in an MA plan. ‘‘(iii) LIMITATION OF ONE CHANGE DURING YEAR.— An individual may exercise the right under clause (i) only once during the year. ‘‘(iv) NO EFFECT ON COVERAGE UNDER A PRESCRIPTION DRUG PLAN.—Nothing in this subparagraph shall be construed as permitting an individual exercising the right under clause (i)— ‘‘(I) who is enrolled in a prescription drug plan under part D, to disenroll from such plan or to enroll in a different prescription drug plan; or ‘‘(II) who is not enrolled in a prescription drug plan, to enroll in such a plan.’’. (b) CONFORMING AMENDMENT.—Section 1860D–1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by striking ‘‘subparagraphs (B) and (C)’’ and inserting ‘‘subparagraphs (B), (C), and (E)’’.

TITLE III—MEDICARE PROGRAM INTEGRITY EFFORTS SEC. 301. OFFSETTING ADJUSTMENT IN MEDICARE ADVANTAGE STABILIZATION FUND.

Section 1858(e)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395w–27a(e)(2)(A)(i)) is amended by striking ‘‘2007,’’ and

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