I 117TH CONGRESS 1ST SESSION H. R. 3831 To amend title XVIII of the Social Security Act to provide for certain rules regarding the treatment of eligible retirement plans in determining the eligibility of individuals for premium and cost-sharing subsidies under part D of the Medicare program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 11, 2021 Mrs. LEE of Nevada (for herself and Mr. FITZPATRICK) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Ways and Means, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend title XVIII of the Social Security Act to provide for certain rules regarding the treatment of eligible re- tirement plans in determining the eligibility of individuals for premium and cost-sharing subsidies under part D of the Medicare program, 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 ‘‘Seniors Securing Ac- 4 cess to Vital and Essential Prescription Drugs Act’’. 5 VerDate Sep 11 2014 17:27 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3831.IH H3831 lotter on DSK11XQN23PROD with BILLS 2 •HR 3831 IH SEC. 2. PROVIDING FOR CERTAIN RULES REGARDING THE 1 TREATMENT OF ELIGIBLE RETIREMENT 2 PLANS IN DETERMINING THE ELIGIBILITY OF 3 INDIVIDUALS FOR PREMIUM AND COST- 4 SHARING SUBSIDIES UNDER PART D OF THE 5 MEDICARE PROGRAM. 6 (a) IN GENERAL.—Section 1860D–14(a)(3) of the 7 Social Security Act (42 U.S.C. 1395w–114(a)(3)) is 8 amended— 9 (1) in subparagraph (A)(iii), by striking ‘‘sub- 10 paragraph (D)’’ and inserting ‘‘subparagraph 11 (D)(i)’’; 12 (2) in subparagraph (C)(i), by striking ‘‘except 13 that support and maintenance furnished in kind 14 shall not be counted as income; and’’ and inserting 15 ‘‘except that— 16 ‘‘(I) support and maintenance 17 furnished in kind shall not be counted 18 as income; and 19 ‘‘(II) any distribution or with- 20 drawal from an eligible retirement 21 plan (as defined in subparagraph (B) 22 of section 402(c)(8) of the Internal 23 Revenue Code of 1986, but excluding 24 any defined benefit plan described in 25 clause (iv) or (v) of such subpara- 26 VerDate Sep 11 2014 17:27 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3831.IH H3831 lotter on DSK11XQN23PROD with BILLS 3 •HR 3831 IH graph and any qualified trust (as de- 1 fined in subparagraph (A) of such sec- 2 tion) which is part of such a defined 3 benefit plan) shall not be counted as 4 income; and’’; 5 (3) in subparagraph (D)— 6 (A) by redesignating clauses (i) and (ii) as 7 subclauses (I) and (II), respectively, and mov- 8 ing the margin of each such subclause, as so re- 9 designated, 2 ems to the right; 10 (B) by striking ‘‘The resources require- 11 ment’’ and inserting the following: 12 ‘‘(i) IN GENERAL.—The resources re- 13 quirement’’; 14 (C) by striking ‘‘subject to the life insur- 15 ance policy exclusion’’ and inserting ‘‘, subject 16 to the exclusions’’; 17 (D) by aligning the margin of the flush 18 sentence at the end with the margin of clause 19 (i), as added by subparagraph (B); and 20 (E) by adding at the end the following: 21 ‘‘(ii) APPLICATION OF RESOURCE 22 STANDARD WITH RESPECT TO CERTAIN 23 BENEFICIARIES.—In applying the re- 24 sources requirement of this subparagraph 25 VerDate Sep 11 2014 17:27 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3831.IH H3831 lotter on DSK11XQN23PROD with BILLS 4 •HR 3831 IH under section 1905(p)(1)(C), such require- 1 ment shall be applied without regard to the 2 exclusions provided under subparagraph 3 (G).’’; 4 (4) in subparagraph (E), by striking ‘‘subject to 5 the life insurance policy exclusion’’ and inserting ‘‘, 6 subject to the exclusions’’; and 7 (5) in subparagraph (G)— 8 (A) in the subparagraph heading, by strik- 9 ing ‘‘LIFE INSURANCE POLICY EXCLUSION’’ and 10 inserting ‘‘RESOURCE EXCLUSIONS’’; and 11 (B) by striking ‘‘for purposes of subpara- 12 graphs (D) and (E) no part of the value of any 13 life insurance policy shall be taken into ac- 14 count.’’ and inserting ‘‘for purposes of subpara- 15 graphs (D)(i) and (E), the following exclusions 16 shall apply: 17 ‘‘(i) LIFE INSURANCE POLICY.—No 18 part of the value of any life insurance pol- 19 icy shall be taken into account. 20 ‘‘(ii) ELIGIBLE RETIREMENT PLAN.— 21 No balance in any eligible retirement plan 22 (as described in subparagraph (C)(i)(II)) 23 shall be taken into account.’’. 24 VerDate Sep 11 2014 17:27 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3831.IH H3831 lotter on DSK11XQN23PROD with BILLS 5 •HR 3831 IH (b) EFFECTIVE DATE.—The amendments made by 1 subsection (a) shall apply with respect to plan years begin- 2 ning on or after January 1, 2024. 3 Æ VerDate Sep 11 2014 17:27 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3831.IH H3831 lotter on DSK11XQN23PROD with BILLS