On December 8, 2003, President Bush signed into law the Medicare Prescription Drug, Improvement, and Modernization Act of 2003; Public Law 108-173 (Medicare Act of 2003). This legislation includes sweeping changes to the Medicare program. It will provide Medicare beneficiaries with some limited assistance paying for prescription drugs. The legislation also extends some programs, and begins others, which will be helpful to Medicare beneficiaries. However, the Medicare Act of 2003 also includes major restructuring of the traditional Medicare program, relying heavily on private insurance for the delivery of benefits. In addition, it increases beneficiary cost sharing responsibilities.

When Medicare prescription drug coverage was proposed, beneficiaries were told that they should expect a program that was as generous as the plan available to Congress. The program offered by the new law does not meet this standard. Unlike the new Medicare drug program, most members of Congress have a drug benefit that does not include a deductible in addition to the one in their health plan. Also unlike the Medicare plan, their insurance does not include the large "doughnut hole" gap in coverage for drugs, nor do members of Congress pay an additional premium for their drug coverage as Medicare beneficiaries will.

While the new law certainly holds promise for some, advocates for beneficiaries are concerned  that for many the Part D benefit will be too confusing and too limited to provide real help, that the private plans and limitations on bulk drug purchasing will prove too expensive, and that the restructuring of the Medicare program into regions and numerous private Medicare Advantage plans will diminish the comprehensive health insurance which the unified program has provided since 1965.

There are many components of the Medicare Act of 2003 at the heart of these concerns and many provisions that are unknown to most people; we list some of them here.

For more information on Medicare Part D, visit our Medicare Part D FAQ page.  We have also prepared a summary of the new law, available for a small fee.  Click HERE to order.

ARTICLES AND UPDATES

• Stacking The Deck Against Traditional Medicare - May 3, 2007

• Part D Year One: Still Much To Be Done - January 17, 2007

• Part D Open Enrollment Starts November 15, 2006: Everyone Needs To Review Their Coverage And Options - September 28, 2006

• Most Doctors And Pharmacists Report Difficulties With Part D - September 14, 2006

• CMS Chooses First Of Fifteen Medicare Administrative Contractors To Process Part A And Part B Claims - August 18, 2006

• CMS "Tip Sheet" On The Part D Coverage Gap Is Not Helpful - August 17, 2006

• Implementing The Part B Income-Related Premium: Another Step Away From Medicare's Roots - August 3, 2006

• Center For Medicare Advocacy's Medicare Part D Progress Report - July 19, 2006

• Secretary's Fourth Progress Report On Medicare Part D Overstates Success, Understates Serious Problems - June 22, 2006

• Proposed Legislation To Fix The Medicare Act of 2003 - Updated June, 2006

• It's Not Too Late To Get Medicare Part D "Extra Help" - May 25, 2006

• Center for Medicare Advocacy Testifies Before Congress About Medicare Part D - May 3, 2006

• Part D Problems For Low-Income People - April 27, 2006

• Important Part D Updates - April 20, 2006

• Secretary Leavitt Misstates Many Facts In Third Progress Report On Medicare Part D - April 13, 2006

• Calculating The Medicare Part D Donut Hole - March 23, 2006

• Medicare Drug Payments: Is It D Or Is It B? - March 16, 2006

• What To Do If You Can't Get Medications You Need From Your Medicare Prescription Drug Plan - January 19, 2006

• Who's Enforcing Part D Requirements? - January 12, 2006

• What People With Medicare And Medicaid Should Expect From Medicare Part D After January 1, 2006 - December 29, 2005

• Calculating Costs To And Through The Donut Hole - December 22, 2005

• Lost In Transition: What If A Dually Eligible Beneficiary Isn't Auto-Enrolled In A Medicare Part D Plan? - December 8, 2005

• Will My State Cover Drugs Excluded Under Medicare Part D? - December 1, 2005

• Protect Against Medicare Part D Fraud And Abuse - November 10, 2005

• Center For Medicare Advocacy Publishes Medicare Part D Policy Papers Examining Access to Drug Coverage (Click HERE for .pdf version) - November 10, 2005

• Medicare Part D Myths And Misinformation - November 3, 2005

• CMS' Efforts To Correct The Medicare & You Handbook - October 27, 2005

• Medicare's New Prescription Drug Plan Finder: Pitfalls And Stumbling Blocks - October 20, 2005

• Low Income Benchmark Premium Defined - October 13, 2005

• Medicare & You 2006 Handbook Contains Incorrect Information About Premiums And "Extra Help" - October 6, 2005

• Medicare Part D Plans By State: Types And Numbers - October 3, 2005

• Medicare’s Recent Flood Of Information About Medicare Part D Heightens Concerns About Choosing The Right Plan (.pdf) - September 29, 2005

• Medicare Advantage: Timely Choices For 2006 And Beyond (.pdf) - September 22, 2005

• Center News - Medicare Part D Edition - Fall, 2005

• CMA Presents A Recorded Web Seminar - The Medicare Part D Prescription Drug Program: Ready Or Not, Here It Comes!

• Order Now! Center's Recorded Webcast Regarding The Medicare Act of 2003
  

• CMS Announces Part D Monthly Premium - August 11, 2005

• 20 Things You May Not Know About The Medicare Act of 2003 - But Should

• Timeline For Implementation Of Certain Provisions Of The Medicare Act Of 2003

• Do You Speak Medicare Part D?  Definitions Of Selected Health Insurance Terminology Under Medicare Part D (.pdf) - July 21, 2005

• New Study Looks At Medicare Prescription Drug Costs For High Spenders After 2006 (.pdf) - July 14, 2005

• Senator Christopher J. Dodd (D-CT) Seeks To Ensure Access To Impartial Hearings Before Administrative Law Judges For Medicare Beneficiaries - July 7, 2005

• Medigap Update (.pdf) - July 7, 2005

• Count-Down To Part D Low-Income Subsidy (.pdf) - June 30, 2005

• CMS Issues Preliminary Instructions For Expedited Review Of Certain Claims (.pdf) - June 30, 2005

• Senators Jeff Bingaman (D-NM) And Mike DeWine (R-OH) Seek An End To The 24-Month Waiting Period For People With Disabilities To Get Medicare - June 24, 2005

• It's Not Too Late To Get Transitional Assistance With Drug Costs: $450 Value If You Apply Before June 30, 2005 (.pdf) - June 23, 2005

• Will My Prescription Drug Be Covered Under Medicare Part D? (Part 2) (.pdf) - June 16, 2005

• Will My Prescription Drug Be Covered Under Medicare Part D? (.pdf) - June 9, 2005

• May Means Medicare Prescription Drug Low-Income Subsidy Month (.pdf) - May 19, 2005

• New Challenges Facing Advocates Representing Medicare Beneficiaries - April 28, 2005

• Choosing A Medicare Discount Drug Card - Updated for 2005

• Complete List Of Medicare-Endorsed Prescription Drug Card Sponsors - Updated for 2005

• Changes In The Medicare Advantage Grievance And Appeals Processes - April 14, 2005

• Changes To Medicare Appeals Council Review: Another Obstacle To Success On Appeal? - April 7, 2005

• Changes To The Medicare Administrative Law Judge Hearing Process - March 31, 2005

• The Times They Are A Changin': New Time Frames And Processes For Medicare Appeals - March 23, 2005

• Applying For The Low Income Prescription Drug Subsidy - It's Sooner Than You Think - March 10, 2005

• Mark Your Calendars!  A Timeline For Medicare Part D Implementation - February 17, 2005

• Medicare Part D Appeals: A Mixed Bag for Beneficiaries - February10, 2005

• States And Advocates Should Prepare Now For Medicare Part D - February 3, 2005

• Summary: Activities And Recommendations Of The State Pharmaceutical Assistance Transition Commission - January 9, 2005

• Medicare Replacement Drug Demonstration Project Update With List Of Covered Drugs - Updated January, 2005

• Transitional Assistance: Unhappy Holiday News For Families - December 30, 2004

• Amount In Controversy Needed For An ALJ Hearing To Remain The Same In 2005; Amount Will Increase For Those Appealing In Federal Court - December 28, 2004

• New Preventive Benefits For Medicare Beneficiaries To Begin On January 1, 2005 - December 21, 2004

• Judith Stein And Senator Christopher J. Dodd Decry The Medicare Act - "The Wrong Way To Fix Medicare", Judith Stein and Senator Christopher J. Dodd, Hartford Courant, December 5, 2005

• Apply NOW For $600 Medicare Drug Card Transitional Assistance Credit - December 2, 2004

• Changes To The Medicare Appeals System Are Likely To Delay Access To Impartial Hearings - November 11, 2004

• AIDS Drug Assistance Programs' Prescription Drug Purchasing: Moving In The Right Direction - October 28, 2004

• Highlights of Judicial, Administrative, And Legislative Developments Presented At The National Aging And Law Conference (NALC), Oct. 2004 - October 21, 2004

• AIDS Drug Assistance Programs And The Medicare Modernization Act of 2003: Concerns And Questions For Advocates - October 21, 2004

• HIV And AIDS Patients In Limbo: Aids Drug Assistance Programs And The Prescription Drug Benefit - October 14, 2004

• Will Medicare Beneficiaries Get A Fair Hearing? GAO Reports On Plan To Transfer Administrative Law Judges- October 7, 2004

• Center For Medicare Advocacy And Other Beneficiary Groups Comment On Medicare Rules: Proposed MMA Regulations Raise Further Concerns About New Medicare Law - October 5, 2004

• Medicare Comments Working Group Medicare Modernization Act Proposed Regulations: Overview Of Select Issues For Comment - Comments Due October 4, 2004

• Medicare Beneficiaries Do Not Get The Information They Need From The Internet: CMS Must Provide Important Information About Medicare Prescription Drug Plans Directly To Beneficiaries - September 30, 2004

• CMS Targets Low-Income Beneficiaries For Discount Drug Cards: Group To Be Mailed Information - September 23, 2004

• Will Formularies Under the Medicare Part D Drug Program Assure Fair Access To Required Prescription Drugs? - September 2, 2004
  

• MS Society Hints For CMS Drug Card Website - August 30, 2004

• Medicare Act of 2003 Attempts To Ensure Quality In Prescription Drug Plans - August 25, 2004
  

• Federal Regulations Issued: CMS Proposes Complicated Process For Medicare Drug Plan - August 19, 2004
  

• Medicare Drug Discount Cards Prove Inconsistent And Confusing For Medicare Beneficiaries Trying to Reduce The Cost Of Prescription Drugs - August 12, 2004
  

• Testimony Of Center For Medicare Advocacy Attorney Patricia Nemore Before The Senate Special committee On Aging - July, 2004

• Drug Card Transitional Assistance Should Not Affect Medicaid Eligibility - July 8, 2004
  

• Now Is The Time To Apply For The Medicare Replacement Drug Demonstration Project - July 1, 2004
  

• The Medicare-endorsed Discount Drug Card, Transitional Assistance And Other Federal Programs: How To Count The $600 Credit - June 24, 2004
  

• CMS Policies May Deny Coverage That Should Be Granted According To Medicare Law: Medicare Decision Makers Must remain Autonomous - June 17, 2004
  

• People With Chronic Conditions, Coordinated Care, And The Medicare Act of 2003 - June 10, 2004
  

• Medicare Drug Discount Cards, Transitional Assistance, and Medically Needy Spend-down: The Scoop On The Issues - June3, 2004
  

• Prescription Drug Discount Card Update:  CMS Responds To Beneficiary And Advocate Concerns - May 27, 2004

• Not All We've Been Told About The Medicare Prescription Drug Plan Is True - May 20, 2004
  

• Beneficiaries And Advocates Find Difficulties In Researching Prescription Drug Discount Cards.  Center Survey Finds Access Problems - May 13, 2004
  

• ConnPACE And Medicare Prescription Drug Discount Cards - April 26, 2004
  

• Medicare Discount Card Information And Outreach For People With Disabilities - April 22, 2004
  

• SSA And HHS Disclose Their Plan To Transfer Administrative Law Judges (ALJs) - April 1, 2004
  

• Summary Of Hospice Changes Under The Medicare Act Of 2003 - April 1, 2004
  

• Will The Medicare Act Of 2003 Really Do That?  Myths And Realities About The New Law - March 17, 2004
  

• Questions Answered About The Medicare Prescription Drug Discount Card Program - February 18, 2004
  

• Cost Of The Medicare Act of 2003 - February 10, 2004
  

• Summary Of Health Savings Account Provisions Of Medicare Act Of 2003 - February 4, 2004
  

• Demystifying The Dollar Thresholds In The Medicare Prescription Drug Program - February 4, 2004
  

• 10 Things You Should Know About The Medicare Endorsed Prescription Drug Discount Card - January 29, 2004
  

• Medicare Act Of 2003 Increases Payments To Medicare+Choice Plans - January 20, 2003
  

• Revisions To The Medicare Appeals Process - December 24, 2003
  

• Low Income Medicare Beneficiary Provisions Of The Medicare Act Of 2003 - December 24, 2003
  

• Impact Of Medicare Act of 2003 On State Pharmaceutical Programs - December 17, 2003
  

• Impact Of The Medicare Act of 2003 On Medicare Supplemental (Medigap) Insurance Plans - December 15, 2003
  

• Define Voluntary: Summary Of Penalty Provisions In Medicare Prescription Drug Benefit - December 12, 2003
  

• Preventive Benefits Included In The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 - December 3, 2003
  

• QI-1 Program, Which Pays Part B Premium for Some Low-Income Individuals, Extended Through September 30, 2004 - December 3, 2003

• A Summary Of Medicare Prescription Drug Discount Cards As Passed By Congress On November 25, 2003 - December 2, 2003

• A Summary Of The Major Provisions Of The Medicare Prescription Drug Plan - December 1, 2003