HERMAN Act

II 118TH CONGRESS 1ST SESSION S. 1691 To amend title XVIII of the Social Security Act to improve the enrollment of retiring individuals in the Medicare program. IN THE SENATE OF THE UNITED STATES MAY 18, 2023 Mr. CASEY (for himself, Mr. SULLIVAN, and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve the enrollment of retiring individuals in the Medicare program. 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 ‘‘Healthcare Enrollment 4 Reform Modernization And Navigation Act’’ or the 5 ‘‘HERMAN Act’’. 6 VerDate Sep 11 2014 01:35 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1691.IS S1691 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1691 IS SEC. 2. COORDINATION OF MEDICARE BENEFITS WITH 1 OTHER HEALTH CARE INSURANCE. 2 (a) IN GENERAL.—Section 1862(b)(1)(A) of the So- 3 cial Security Act (42 U.S.C. 1395y(b)(1)(A)) is amended 4 by adding at the end the following new clause: 5 ‘‘(vi) COORDINATION OF BENEFITS 6 WITH OTHER HEALTH CARE INSURANCE.— 7 Notwithstanding any other provision of 8 law, in the event that an individual is en- 9 rolled in an employer group health plan 10 (including a multiemployer or multiple em- 11 ployer group health plan) by virtue of cur- 12 rent employment status with an employer 13 that does not have 20 or more individuals 14 in current employment status for each 15 working day in each of 20 or more cal- 16 endar weeks in the current calendar year 17 and the preceding calendar year and the 18 individual is eligible but not enrolled in 19 coverage under part B, such employer 20 group health plan shall not reduce benefits 21 under the plan with respect to the indi- 22 vidual on the basis that the individual 23 could have been enrolled in coverage under 24 part B. Nothing in the preceding sentence 25 shall require such employer group health 26 VerDate Sep 11 2014 01:35 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1691.IS S1691 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1691 IS plan to provide coverage to an individual 1 who elects to enroll in coverage under part 2 B or to prohibit such plan from termi- 3 nating such coverage or reducing benefits 4 if such individual makes such election.’’. 5 (b) EFFECTIVE DATE.—The amendment made by 6 subsection (a) shall apply to items and services furnished 7 on or after the date of the enactment of this Act. 8 Æ VerDate Sep 11 2014 01:35 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1691.IS S1691 pbinns on DSKJLVW7X2PROD with $$_JOB