CONGRESSWOMAN ELISE STEFANIK
On Tuesday, March 11, 2014, the House will consider H.R. 4160, the Keep the Promise to Seniors Act of 2014, under a suspension of the rules. The bill was introduced on March 6, 2014 by Rep. Renee Ellmers (R-NC), and referred to the Committee on Energy and Commerce and the Committee on Ways and Means.
H.R. 4160 prevents the Secretary of Health and Human Services (HHS) from implementing any provision of the proposed regulation (relating the policy and technical changes to the Medicare Advantage and Medicare Part D programs) published on January 10, 2014 that relate to the provisions concerning Medicare Part D, including the application of such provisions to MA-PD plans under Medicare Part C.
 See: 79 Fed. Reg. 1918 et seq.
On January 10, 2014, the Centers for Medicare and Medicaid Services proposed changes to the Medicare Part D program that would “destroy the competitive nature that has allowed it to successfully offer quality and affordable health care choice to seniors at a lower than estimated cost to taxpayers.” The rule, which restricts plan options and fully eliminates some of the most popular Medicare Part D plans, would put millions of seniors at risk of losing their plan, limit choice, and increase costs for seniors and the government. H.R. 4160 would prevent the administration from imposing these unilateral changes and protect and preserve the integrity of Medicare Part D.
The 700-page rule is another example of the Obama administration ignoring the rule of law. The rule unlawfully gives HHS the power to interfere in negotiations between plans and pharmacies. This “reinterpretation” of the law’s “noninterference provision” ignores the letter of the law, the legal opinion of the current HHS Inspector General, a memorandum written by the former White House counsel, and a decade of legal statements made by CMS during the Bush and Obama administrations.
For more information, please see the Policy Feature Issue on the new Medicare Part D Regulations here.
A CBO cost estimate is currently unavailable.
For questions or further information contact the GOP Conference at 5-5107.