Seniors' Health Care Choice Act of 2013

Seniors' Health Care Choice Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish: (1) a special enrollment period under Medicare part B (Supplementary Medical Insurance) for an individual enrolled in COBRA (health insurance continuation benefits) continuation coverage who elected not to enroll under part B during the individual's initial enrollment period, and (2) a three-month open enrollment period starting with 2014 and recurring in the first three months of each subsequent year in which a Medicare Advantage (MA)-eligible individual under Medicare part C (Medicare+Choice) may change his or her Medicare enrollment election.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3512 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3512

   To amend title XVIII of the Social Security Act to facilitate the 
transition to Medicare for individuals enrolled in group health plans, 
to establish a 3-month open enrollment period under Medicare Advantage, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2013

Mr. Heck of Nevada introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committee on 
Energy and Commerce, 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, 
to establish a 3-month open enrollment period under Medicare Advantage, 
                        and for other purposes.

    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' Health Care Choice Act of 
2013''.

SEC. 2. FACILITATING TRANSITION TO MEDICARE FOR INDIVIDUALS ENROLLED IN 
              GROUP HEALTH PLANS.

    (a) Special Enrollment Period for Individuals Enrolled in COBRA 
Continuation Coverage.--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 COBRA continuation 
        coverage (as defined in subparagraph (D)); and
            ``(ii) has elected not to enroll (or to be deemed enrolled) 
        under this section during the individual's initial enrollment 
        period;
there shall be a special enrollment period described in subparagraph 
(B).
    ``(B) The special enrollment period referred to in subparagraph (A) 
is the period that includes each month during any part of which the 
individual is enrolled in COBRA continuation coverage.
    ``(C) An individual may only enroll during the special enrollment 
period provided under subparagraph (B) one time during the individual's 
lifetime.
    ``(D) For purposes of this paragraph, the term `COBRA continuation 
coverage' means continuation coverage--
            ``(i) under a COBRA continuation provision (as defined in 
        section 2791(d)(4) of the Public Health Service Act);
            ``(ii) pursuant to section 8905a of title 5, United States 
        Code; or
            ``(iii) under a similar State program.''.
    (b) Coverage Period for Individuals Transitioning From COBRA 
Continuation Coverage.--Section 1838(e) of the Social Security Act (42 
U.S.C. 1395q(e)) is amended--
            (1) by striking ``pursuant to section 1837(i)(3) or 
        1837(i)(4)(B)'' and inserting the following:
``pursuant to--
            ``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and moving the 
        indentation of each such subparagraph 2 ems to the right;
            (3) by striking the period at the end of the subparagraph 
        (B), as so redesignated, and inserting ``; or''; and
            (4) by adding at the end the following new paragraph:
            ``(2) section 1837(i)(5), the coverage period shall begin 
        on the first day of the month following the month in which the 
        individual so enrolls.''.

SEC. 3. 3-MONTH OPEN ENROLLMENT PERIOD FOR MEDICARE ADVANTAGE.

    (a) In General.--Section 1851(e)(2) of the Social Security Act (42 
U.S.C. 1395w-1(e)(2)) is amended--
            (1) in subparagraph (C), by inserting ``and ending with 
        2013'' after ``(beginning with 2011''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Continuous open enrollment and disenrollment 
                for first 3 months in subsequent years.--Subject to 
                subparagraph (D), at any time during the first 3 months 
                of a year (beginning with 2014), or, if the individual 
                first becomes a Medicare Advantage eligible individual 
                during a year after 2014, during the first 3 months of 
                such year in which the individual is a Medicare 
                Advantage eligible individual, a Medicare Advantage 
                eligible individual may change the election under 
                subsection (a)(1).''.
    (b) Conforming Amendment.--Section 1851(e)(2)(B)(i) of the Social 
Security Act (42 U.S.C. 1395w-21(e)(2)(B)(i)) is amended by striking 
``, subparagraph(C)(iii),''.
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