Helping End Lifetime Penalties Act of 2022

Helping End Lifetime Penalties Act of 2022

This bill limits certain Medicare late enrollment penalties to 12 months (rather than for the lifetime of coverage).

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9368 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9368

 To amend title XVIII of the Social Security Act to limit certain late 
            enrollment penalties under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 30, 2022

 Mr. Gohmert 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 limit certain late 
            enrollment penalties under the Medicare program.

    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 ``Helping End Lifetime Penalties Act 
of 2022''.

SEC. 2. LIMITING CERTAIN LATE ENROLLMENT PENALTIES UNDER THE MEDICARE 
              PROGRAM.

    (a) Parts A and B.--Section 1839(b) of the Social Security Act (42 
U.S.C. 1395r(b)) is amended--
            (1) in the first sentence, by inserting ``for each of the 
        first 12 months in which such individual is so enrolled'' after 
        ``shall be increased''; and
            (2) by adding at the end the following new sentences: ``In 
        the case of an individual who is subject to an increase under 
        this subsection for one or more months with respect to a 
        continuous period of eligibility and who terminates a coverage 
        period during such continuous period of eligibility and 
        subsequently reenrolls during the same continuous period of 
        eligibility, such individual shall be subject to an increase 
        under this subsection for each of the first 12 months in which 
        such individual is so reenrolled (or, in the case such 
        individual was subject to less than 12 months of an increase 
        under this subsection with respect to a previous enrollment 
        during the same continuous period of eligibility, for each of 
        the first 12 months beginning with the month after the last 
        month of application of any otherwise applicable increase under 
        this subsection). In calculating the amount of any increase 
        imposed under this subsection pursuant to the preceding 
        sentence with respect to the termination of coverage and 
        reenrollment of an individual, there shall only be taken into 
        account months that are described paragraph (2) of the second 
        sentence of this subsection with respect to such termination 
        and reenrollment.''.
    (b) Part D.--Section 1860D-13(b)(1) of the Social Security Act (42 
U.S.C. 1395w-113(b)(1)) is amended--
            (1) by inserting ``, for each of the first 12 months in 
        which such individual is enrolled in a prescription drug plan 
        under this part with respect to such continuous period,'' after 
        ``subsection (a)''; and
            (2) by adding at the end the following new sentences: ``In 
        the case of an individual who is subject to an increase under 
        this subsection for one or more months with respect to a 
        continuous period of eligibility and who terminates a coverage 
        period during such continuous period of eligibility and 
        subsequently reenrolls during the same continuous period of 
        eligibility, such individual shall be subject to an increase 
        under this subsection for each of the first 12 months in which 
        such individual is so reenrolled (or, in the case such 
        individual was subject to less than 12 months of an increase 
        under this subsection with respect to a previous enrollment 
        during the same continuous period of eligibility, for each of 
        the first 12 months beginning with the month after the last 
        month of application of any otherwise applicable increase under 
        this subsection). In calculating the amount of any increase 
        imposed under this subsection pursuant to the preceding 
        sentence with respect to the termination of coverage and 
        reenrollment of an individual, the term `uncovered month' shall 
        only include those months occurring during the period beginning 
        with such termination and ending with such reenrollment.''.
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