Medicare Enrollment Protection Act

Medicare Enrollment Protection Act

This bill creates a special Medicare enrollment period for individuals enrolled in, or transitioning out of, continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA)—a federal law that allows an individual to maintain health coverage following loss of coverage due to termination of employment or another qualifying event.

The bill exempts such individuals from certain monthly premium increases associated with delaying Medicare coverage.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2564 Introduced in House (IH)]

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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 Committees 
    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 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   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.

    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 ``Medicare Enrollment Protection 
Act''.

SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS TRANSITIONING FROM 
              COBRA CONTINUATION COVERAGE.

    (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)(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)); or
                    ``(II) is enrolled in COBRA continuation coverage 
                (and made such enrollment after attaining 65 years of 
                age) and immediately prior to such enrollment was an 
                individual described in paragraph (1) or (2) of this 
                subsection; 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 that provides 
                comparable continuation coverage.''.
    (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.''.
    (c) No Increase in Premium.--Section 1839(b) of such Act (42 U.S.C. 
1395r(b)) is amended--
            (1) in the first sentence, by inserting ``, (i)(5),'' after 
        ``subsection (i)(4)''; and
            (2) in the second sentence, by inserting before the period 
        at the end the following: ``or months for which the individual 
        can demonstrate that the individual was enrolled in COBRA 
        continuation coverage (as such term is defined in section 
        1837(i)(5)(D)).''.
    (d) Updating COBRA Continuation Coverage Notifications.--The 
Secretary of Labor, in consultation with the Secretary of Health and 
Human Services, shall update the COBRA continuation coverage election 
notice and COBRA continuation coverage general notice required under 
section 606 of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1166) to be given by an employer to an employee eligible for 
COBRA continuation coverage to include an explanation of how the 
Medicare secondary payer rules under section 1862(b) of the Social 
Security Act (42 U.S.C. 1395y(b)) apply with respect to COBRA 
continuation coverage.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
periods of COBRA continuation coverage beginning on or after such date.
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