Seniors’ Health Care Choice Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1657 To amend title XVIII of the Social Security Act to facilitate the transition to Medicare for individuals enrolled in group health plans, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 8, 2019 Mr. SMUCKER introduced the following bill; which was referred to the Com- mittee 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 A BILL To amend title XVIII of the Social Security Act to facilitate the transition to Medicare for individuals enrolled in group health plans, 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’ Health Care 4 Choice Act of 2019’’. 5 VerDate Sep 11 2014 18:30 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1657.IH H1657 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1657 IH SEC. 2. FACILITATING TRANSITION TO MEDICARE FOR IN- 1 DIVIDUALS ENROLLED IN GROUP HEALTH 2 PLANS. 3 (a) SPECIAL ENROLLMENT PERIOD FOR INDIVID- 4 UALS ENROLLED IN COBRA CONTINUATION COV- 5 ERAGE.—Section 1837(i) of the Social Security Act (42 6 U.S.C. 1395p(i)) is amended by adding at the end the fol- 7 lowing new paragraph: 8 ‘‘(5)(A) In the case of an individual who— 9 ‘‘(i) at the time the individual first satisfies 10 paragraph (1) or (2) of section 1836, is enrolled in 11 COBRA continuation coverage (as defined in sub- 12 paragraph (D)); and 13 ‘‘(ii) has elected not to enroll (or to be deemed 14 enrolled) under this section during the individual’s 15 initial enrollment period, 16 there shall be a special enrollment period described in sub- 17 paragraph (B). 18 ‘‘(B) The special enrollment period referred to in sub- 19 paragraph (A) is the period that includes each month dur- 20 ing any part of which the individual is enrolled in COBRA 21 continuation coverage. 22 ‘‘(C) An individual may only enroll during the special 23 enrollment period provided under subparagraph (B) one 24 time during the individual’s lifetime. 25 VerDate Sep 11 2014 18:30 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1657.IH H1657 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1657 IH ‘‘(D) For purposes of this paragraph, the term 1 ‘COBRA continuation coverage’ means continuation cov- 2 erage— 3 ‘‘(i) under a COBRA continuation provision (as 4 defined in section 2791(d)(4) of the Public Health 5 Service Act); 6 ‘‘(ii) pursuant to section 8905a of title 5, 7 United States Code; or 8 ‘‘(iii) under a similar State program.’’. 9 (b) COVERAGE PERIOD FOR INDIVIDUALS 10 TRANSITIONING FROM COBRA CONTINUATION COV- 11 ERAGE.—Section 1838(e) of the Social Security Act (42 12 U.S.C. 1395q(e)) is amended— 13 (1) by striking ‘‘pursuant to section 1837(i)(3) 14 or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur- 15 suant to— 16 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 17 (2) by redesignating paragraphs (1) and (2) as 18 subparagraphs (A) and (B), respectively, and mov- 19 ing the indentation of each such subparagraph 2 20 ems to the right; 21 (3) by striking the period at the end of the sub- 22 paragraph (B), as so redesignated, and inserting ‘‘; 23 or’’; and 24 VerDate Sep 11 2014 18:30 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1657.IH H1657 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1657 IH (4) by adding at the end the following new 1 paragraph: 2 ‘‘(2) section 1837(i)(5), the coverage period 3 shall begin on the first day of the month following 4 the month in which the individual so enrolls.’’. 5 Æ VerDate Sep 11 2014 18:30 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1657.IH H1657 pamtmann on DSKBFK8HB2PROD with BILLS