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Bill - HR3200

This Document was obtained from The Library of Congress Thomas System as of July 14th, 2009

SEC. 1206. SPECIAL ENROLLMENT PERIOD AND AUTOMATIC ENROLLMENT PROCESS FOR CERTAIN SUBSIDY ELIGIBLE INDIVIDUALS.

[a] Special Enrollment Period- Section- 1860D-1[b][3][D] of the Social Security Act [42 U.S.C. 1395w-101[b][3][D]] is amended to read as follows:

'[D] SUBSIDY ELIGIBLE INDIVIDUALS- In the case of an individual [as determined by the Secretary] who is determined under subparagraph [B] of section 1860D-14[a][3] to be a subsidy eligible individual.'.

[b] Automatic Enrollment- Section- 1860D-1[b][1] of the Social Security Act [42 U.S.C. 1395w-101[b][1]] is amended by adding at the end the following new subparagraph:

'[D] SPECIAL RULE FOR SUBSIDY ELIGIBLE INDIVIDUALS- The process established under subparagraph [A] shall include, in the case of an individual described in section 1860D-1[b][3][D] who fails to enroll in a prescription drug plan or an MA-PD plan during the special enrollment established under such section applicable to such individual, the application of the assignment process described in subparagraph [C] to such individual in the same manner as such assignment process applies to a part D eligible individual described in such subparagraph [C]. Nothing in the previous sentence shall prevent an individual described in such sentence from declining enrollment in a plan determined appropriate by the Secretary [or in the program under this part] or from changing such enrollment.'.

[c] Effective Date- The amendments made by this section shall apply to subsidy determinations made for months beginning with January 2011.

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