Seniors Medicare Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to establish a 24-month extended special enrollment period for certain individuals to enroll under Medicare part B (Supplementary Medical Insurance).
(The special enrollment period is the eight consecutive months after an individual ceases to be enrolled in a group health plan by reason of current employment status.)
Requires individuals enrolled in part B during the extended special enrollment period to pay a monthly premium increased by 25% for a specified number of months. Allows the Secretary of Health and Human Services (HHS), however, to reduce or waive the premium increase for an individual who demonstrates that he or she made a good faith effort to enroll during the special enrollment period.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4473 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4473
To amend title XVIII of the Social Security Act to establish an
extended special enrollment period for individuals to enroll in part B
of Medicare.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2010
Mr. Schrader introduced the following bill; which was referred to the
Committee 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 establish an
extended special enrollment period for individuals to enroll in part B
of Medicare.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Medicare Protection Act of
2010''.
SEC. 2. MEDICARE PART B EXTENDED SPECIAL ENROLLMENT PERIOD.
(a) In General.--Section 1837(i) of the Social Security Act (42
U.S.C. 1395p(i)) is amended by adding at the end the following new
paragraph:
``(5)(A) In the case of an individual who--
``(i) at the time the individual first satisfies paragraph
(1) or (2) of section 1836, is enrolled in a group health plan
described in section 1862(b)(1)(A)(v) by reason of the
individual's (or the individual's spouse's) current employment
status,
``(ii) has elected not to enroll (or to be deemed enrolled)
under this section during the individual's initial enrollment
period, and
``(iii) has not elected to enroll pursuant to the special
enrollment period under paragraph (3),
there shall be an extended special enrollment period described in
subparagraph (B).
``(B) The extended special enrollment period referred to in
subparagraph (A) is the 24-month period beginning on the first day of
the month following the end of the special enrollment period described
in paragraph (3).''.
(b) Coverage Period.--Section 1838(a)(2) of such Act (42 U.S.C.
1395q(a)(2)) is amended--
(1) in subparagraph (E), by striking the semicolon and
inserting a comma; and
(2) by adding at the end the following new subparagraph:
``(F) In the case of an individual who enrolls
pursuant to subsection (i)(5) of section 1837, the
first day of the month following the month in which he
so enrolls; or''.
(c) Amount of Premium.--Section 1839 of such Act (42 U.S.C. 1395r)
is amended--
(1) in subsection (a)(2), by striking ``and (i)'' and
inserting ``(i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j) Temporary Increase in Premium Based on Enrollment Pursuant to
Extended Special Enrollment Period.--
``(1) In general.--In the case of an individual whose
coverage period began pursuant to an extended special
enrollment period under section 1837(i)(5), the monthly premium
determined under subsection (a), adjusted in accordance with
subsection (i), shall be increased by 25 percent of the monthly
premium (as so adjusted) for months described in paragraph (2).
``(2) Application of premium.--In the case that an
individual enrolls pursuant to the extended special enrollment
period described in subsection (i)(5) of section 1837--
``(A) during a general enrollment period described
in subsection (e) of such section, the premium increase
under paragraph (1) shall apply to months before the
month of July following the date of enrollment; or
``(B) other than during such general enrollment
period, such premium increase shall apply to months
before the month of July in the calendar year following
the year of enrollment.
``(3) Reduction or waiver of temporary increase in
premium.--The Secretary may reduce or waive the premium
increase under paragraph (1) for an individual described in
such paragraph if it can be demonstrated to the satisfaction of
the Secretary that such individual made a good faith effort to
enroll during a special enrollment period (of which such
individual was eligible to enroll) under section 1837(i)(3).''.
(d) Transition Rule.--In the case of an individual who had a
special enrollment period under paragraph (3) of section 1837(i) of the
Social Security Act (42 U.S.C. 1395p(i)) that ended within the 24-month
period ending on the date of the enactment of this section and who did
not enroll under part B of title XVIII of such Act during or after such
period and before the date of the enactment of this section, the
individual shall have an extended special enrollment period under
paragraph (5) of such section 1837(i) during the 24-month period
beginning on the first day of the first month beginning after such date
of enactment.
(e) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning more than 120 days
after the date of enactment of this section.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
Referred to the Committee 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.
Referred to House Ways and Means
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
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