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H.R. 3631 (111th): Medicare Premium Fairness Act

The text of the bill below is as of Sep 23, 2009 (Introduced).



1st Session

H. R. 3631


September 23, 2009

(for herself, Mr. Stark, Mr. Pallone, Mr. Rangel, Mr. Waxman, Mr. Dingell, Ms. Baldwin, Mr. Barrow, Mr. Boucher, Mr. Braley of Iowa, Mr. Butterfield, Mrs. Capps, Ms. Castor of Florida, Mrs. Christensen, Mr. Crowley, Ms. DeGette, Mr. Doyle, Mr. Engel, Ms. Eshoo, Mr. Gonzalez, Mr. Gene Green of Texas, Mr. Gordon of Tennessee, Mr. Higgins, Mr. Larson of Connecticut, Mr. Levin, Mr. Lewis of Georgia, Mr. McDermott, Mrs. Maloney, Mr. Markey of Massachusetts, Ms. Matsui, Mr. Murphy of Connecticut, Mr. Pascrell, Mr. Pomeroy, Mr. Rush, Ms. Linda T. Sánchez of California, Mr. Sarbanes, Ms. Schakowsky, Mr. Stupak, Ms. Sutton, Mr. Van Hollen, Mr. Weiner, Mr. Welch, Mr. Yarmuth, Mr. Cardoza, Mr. Davis of Illinois, and Ms. Berkley) 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


To amend title XVIII to provide for the application of a consistent Medicare part B premium for all Medicare beneficiaries in a budget neutral manner for 2010.


Short title

This Act may be cited as the Medicare Premium Fairness Act.


Medicare part B premium for 2010


Premium computation

Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended—


in subsection (a), by adding at the end the following new paragraph:


The monthly premium under this subsection for 2010 shall be the monthly premium under this subsection for 2009.

; and


in subsection (i)(3)(A), by adding after and below clause (ii) the following:

In applying clause (ii) for 2010, the monthly actuarial rate described in such clause shall be such monthly actuarial rate for 2009.



Offset from Medicare Improvement Fund

Section 1898(b) of such Act (42 U.S.C. 1395iii(b)) is amended—


in paragraph (1)—


in subparagraph (A), by striking the semicolon at the end and inserting the following:

, reduced by the sum of—


the amount transferred under paragraph (5); and





by redesignating subparagraph (B) as subparagraph (C); and


by inserting after subparagraph (A) the following new subparagraph:


fiscal year 2015, the amount specified in subparagraph (A)(ii); and

; and


by adding at the end the following new paragraph:


Transfer and offset

There are hereby transferred from amounts in the general fund of the Treasury to the Federal Supplementary Medical Insurance Trust Fund an amount equivalent, as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services, to the aggregate reduction in premiums payable under part B that result from the application of paragraph (5) of section 1839(a) and the last sentence of section 1839(i)(3)(A).