What This Bill Does
This bill renames the Medicare Advantage program to the "Alternative Private Health Plan" program. The bill also creates a penalty for entities that use the word "Medicare" in the title of these alternative private health plans.
Who It Affects
Private health insurance companies or entities that advertise health plans under part C of title XVIII of the Social Security Act (a federal law governing certain Medicare programs). The Secretary of Health and Human Services (the federal official who runs the department managing Medicare) is also affected, as they must manage the transition to the new name.
Key Provisions
• A new program called the "Alternative Private Health Plan" program is established, which consists of the existing program currently called Medicare Advantage. (Sec. 2(a))
• Any reference to "Medicare+Choice," "Medicare Advantage," or "MA" in federal law shall now be treated as a reference to the "Alternative Private Health Plan" program. (Sec. 2(b))
• The Secretary of Health and Human Services must manage an orderly transition period where both old and new names can be used until all materials for plan years beginning on or after October 15, 2023 use only the new name. (Sec. 2(c))
• Any entity that advertises a plan by using the word "Medicare" in the plan title on or after the date this law is enacted must pay a civil money penalty of $100,000 for each use of "Medicare" in a plan title. (Sec. 3)
What Changes
The program currently known as "Medicare Advantage" will be officially called the "Alternative Private Health Plan" program. Insurance companies must stop using "Medicare" in their plan titles or face $100,000 penalties per violation.
Important Definitions
None defined in the bill text.
Effective Date
Not specified in bill text (regarding when the bill itself becomes law), but the transition to the new name must be fully completed for all materials for plan years beginning on or after October 15, 2023.
I
118TH CONGRESS
1ST SESSION
H. R. 732
To rename the program under part C of title XVIII of the Social Security
Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Mr. POCAN (for himself, Mr. KHANNA, Ms. SCHAKOWSKY, Mr. COHEN, Mr.
DAVIS of Illinois, Mr. CARSON, Ms. DELAURO, Mr. DOGGETT, Ms. POR-
TER, Mr. FROST, Mr. NADLER, Ms. LEE of California, Mr. DELUZIO,
Mrs. CHERFILUS-MCCORMICK, Ms. JAYAPAL, Mr. JOHNSON of Georgia,
Mr. GRIJALVA, Ms. TLAIB, Mr. BOWMAN, and Mrs. NAPOLITANO) intro-
duced the following bill; which was referred to the Committee on Ways
and Means, and in addition to the Committee on Energy and Commerce,
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
A BILL
To rename the program under part C of title XVIII of
the Social Security Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Save Medicare Act’’.
4
VerDate Sep 11 2014
00:10 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H732.IH
H732
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 732 IH
SEC. 2. MEDICARE ADVANTAGE RENAMED.
1
(a) IN GENERAL.—There is hereby established the
2
‘‘Alternative Private Health Plan’’ program. The Alter-
3
native Private Health Plan program shall consist of the
4
program under part C of title XVIII of the Social Security
5
Act (42 U.S.C. 1395w–21 et seq.).
6
(b) REFERENCES.—Notwithstanding section 201 of
7
the Medicare Prescription Drug, Improvement, and Mod-
8
ernization Act of 2003 (Public Law 108–173) and subject
9
to subsection (c), any reference to the program under part
10
C of title XVIII of the Social Security Act (42 U.S.C.
11
1395w–21 et seq.) shall be deemed a reference to the Al-
12
ternative Private Health Plan program and, with respect
13
to such part, any reference to ‘‘Medicare+Choice’’, ‘‘Medi-
14
care Advantage’’, or ‘‘MA’’ is deemed a reference to the
15
Alternative Private Health Plan program.
16
(c) TRANSITION.—In order to provide for an orderly
17
transition and avoid beneficiary and provider confusion,
18
the Secretary of Health and Human Services shall provide
19
for an appropriate transition in the use of the terms
20
‘‘Medicare Advantage’’, ‘‘MA’’, and ‘‘Alternative Private
21
Health Plan’’ in reference to the program under part C
22
of title XVIII of the Social Security Act (42 U.S.C.
23
1395w–21 et seq.). Such transition shall be fully com-
24
pleted for all materials for plan years beginning on or after
25
October 15, 2023. Before the completion of such transi-
26
VerDate Sep 11 2014
00:10 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H732.IH
H732
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 732 IH
tion, any reference to the Alternative Private Health Plan
1
program shall be deemed to include a reference to
2
‘‘Medicare+Choice’’, ‘‘Medicare Advantage’’, and ‘‘MA’’.
3
SEC. 3. CIVIL MONEY PENALTY.
4
Section 1128A of the Social Security Act (42 U.S.C.
5
1320a–7a) is amended by adding at the end the following:
6
‘‘(t)(1) Any entity that advertises a plan under part
7
C of title XVIII of this Act by using the term ‘Medicare’
8
in the title of the plan on or after the date of enactment
9
of this Act shall be subject to a civil money penalty of
10
$100,000 for each instance of the use of the term in a
11
plan title.
12
‘‘(2) The provisions of subsections (c), (g), and (h)
13
shall apply to a civil money penalty under this subsection
14
in the same manner as such provisions apply to a penalty,
15
assessment, or proceeding under subsection (a).’’.
16
Æ
VerDate Sep 11 2014
00:10 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H732.IH
H732
pbinns on DSKJLVW7X2PROD with $$_JOB