Medicare Enrollment Protection Act

I 116TH CONGRESS 1ST SESSION H. R. 2564 To amend title XVIII of the Social Security Act to provide for a special enrollment period under Medicare for individuals enrolled in COBRA continuation coverage, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 7, 2019 Mr. SCHRADER (for himself, Mr. BILIRAKIS, Mr. THOMPSON of California, and Mr. BUCHANAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Commit- tees on Ways and Means, and Education and Labor, 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 con- cerned A BILL To amend title XVIII of the Social Security Act to provide for a special enrollment period under Medicare for indi- viduals enrolled in COBRA continuation coverage, 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 ‘‘Medicare Enrollment 4 Protection Act’’. 5 VerDate Sep 11 2014 03:27 May 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2564.IH H2564 kjohnson on DSK79L0C42 with BILLS 2 •HR 2564 IH SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS 1 TRANSITIONING FROM COBRA CONTINU- 2 ATION COVERAGE. 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)(I) at the time the individual first sat- 10 isfies paragraph (1) or (2) of section 1836, is 11 enrolled in COBRA continuation coverage (as 12 defined in subparagraph (D)); or 13 ‘‘(II) is enrolled in COBRA continuation 14 coverage (and made such enrollment after at- 15 taining 65 years of age) and immediately prior 16 to such enrollment was an individual described 17 in paragraph (1) or (2) of this subsection; and 18 ‘‘(ii) has elected not to enroll (or to be 19 deemed enrolled) under this section during the 20 individual’s initial enrollment period; 21 there shall be a special enrollment period described 22 in subparagraph (B). 23 ‘‘(B) The special enrollment period referred to 24 in subparagraph (A) is the period that includes each 25 VerDate Sep 11 2014 03:27 May 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2564.IH H2564 kjohnson on DSK79L0C42 with BILLS 3 •HR 2564 IH month during any part of which the individual is en- 1 rolled in COBRA continuation coverage. 2 ‘‘(C) An individual may only enroll during the 3 special enrollment period provided under subpara- 4 graph (B) one time during the individual’s lifetime. 5 ‘‘(D) For purposes of this paragraph, the term 6 ‘COBRA continuation coverage’ means continuation 7 coverage— 8 ‘‘(i) under a COBRA continuation provi- 9 sion (as defined in section 2791(d)(4) of the 10 Public Health Service Act); 11 ‘‘(ii) pursuant to section 8905a of title 5, 12 United States Code; or 13 ‘‘(iii) under a similar State program that 14 provides comparable continuation coverage.’’. 15 (b) COVERAGE PERIOD FOR INDIVIDUALS 16 TRANSITIONING FROM COBRA CONTINUATION COV- 17 ERAGE.—Section 1838(e) of the Social Security Act (42 18 U.S.C. 1395q(e)) is amended— 19 (1) by striking ‘‘pursuant to section 1837(i)(3) 20 or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur- 21 suant to— 22 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 23 (2) by redesignating paragraphs (1) and (2) as 24 subparagraphs (A) and (B), respectively, and mov- 25 VerDate Sep 11 2014 03:27 May 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2564.IH H2564 kjohnson on DSK79L0C42 with BILLS 4 •HR 2564 IH ing the indentation of each such subparagraph 2 1 ems to the right; 2 (3) by striking the period at the end of the sub- 3 paragraph (B), as so redesignated, and inserting ‘‘; 4 or’’; and 5 (4) by adding at the end the following new 6 paragraph: 7 ‘‘(2) section 1837(i)(5), the coverage period 8 shall begin on the first day of the month following 9 the month in which the individual so enrolls.’’. 10 (c) NO INCREASE IN PREMIUM.—Section 1839(b) of 11 such Act (42 U.S.C. 1395r(b)) is amended— 12 (1) in the first sentence, by inserting ‘‘, (i)(5),’’ 13 after ‘‘subsection (i)(4)’’; and 14 (2) in the second sentence, by inserting before 15 the period at the end the following: ‘‘or months for 16 which the individual can demonstrate that the indi- 17 vidual was enrolled in COBRA continuation coverage 18 (as such term is defined in section 1837(i)(5)(D)).’’. 19 (d) UPDATING COBRA CONTINUATION COVERAGE 20 NOTIFICATIONS.—The Secretary of Labor, in consultation 21 with the Secretary of Health and Human Services, shall 22 update the COBRA continuation coverage election notice 23 and COBRA continuation coverage general notice required 24 under section 606 of the Employee Retirement Income Se- 25 VerDate Sep 11 2014 03:27 May 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2564.IH H2564 kjohnson on DSK79L0C42 with BILLS 5 •HR 2564 IH curity Act of 1974 (29 U.S.C. 1166) to be given by an 1 employer to an employee eligible for COBRA continuation 2 coverage to include an explanation of how the Medicare 3 secondary payer rules under section 1862(b) of the Social 4 Security Act (42 U.S.C. 1395y(b)) apply with respect to 5 COBRA continuation coverage. 6 (e) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect on the date of the enactment 8 of this Act and shall apply to periods of COBRA continu- 9 ation coverage beginning on or after such date. 10 Æ VerDate Sep 11 2014 03:27 May 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 \\ALPHA3\E\BILLS\H2564.IH H2564 kjohnson on DSK79L0C42 with BILLS