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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10437 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10437
To amend title XVIII of the Social Security Act to provide for the
guaranteed issue of Medigap policies to all Medigap-eligible Medicare
beneficiaries and Medicare Advantage enrollees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2024
Mr. Schneider (for himself, Mr. Veasey, Ms. Sewell, Mr. Panetta, Mr.
Evans, and Ms. Schakowsky) 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 provide for the
guaranteed issue of Medigap policies to all Medigap-eligible Medicare
beneficiaries and Medicare Advantage enrollees, 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 ``Protecting Medicare Beneficiaries
with Pre-Existing Conditions Act''.
SEC. 2. GUARANTEED ISSUE.
(a) Guaranteed Issue of Medigap Policies to All Medigap-Eligible
Medicare Beneficiaries.--
(1) In general.--Section 1882(s) of the Social Security Act
(42 U.S.C. 1395ss(s)) is amended--
(A) in paragraph (2)(A), by striking ``65 years of
age or older and is enrolled for benefits under part
B'' and inserting ``entitled to, or enrolled for,
benefits under part A and enrolled for benefits under
part B'';
(B) in paragraph (2)(D), by striking ``who is 65
years of age or older as of the date of issuance and'';
(C) in paragraph (3)(B)(ii), by striking ``is 65
years of age or older and''; and
(D) in paragraph (3)(B)(vi), by striking ``at age
65''.
(2) Effective date; phase-in authority.--
(A) Effective date.--Subject to subparagraph (B),
the amendments made by paragraph (1) shall apply to
medicare supplemental policies effective on or after
January 1, 2025.
(B) Phase-in authority.--
(i) In general.--Subject to clause (ii),
the Secretary of Health and Human Services may
phase in the implementation of the amendments
made under paragraph (1) (with such phase-in
beginning on or after January 1, 2025) in such
manner as the Secretary determines appropriate
in order to minimize any adverse impact on
individuals enrolled under a medicare
supplemental policy.
(ii) Phase-in period may not exceed 5
years.--The Secretary of Health and Human
Services shall ensure that the amendments made
by paragraph (1) are fully implemented by not
later than January 1, 2030.
(3) Additional enrollment period for certain individuals.--
(A) One-time enrollment period.--
(i) In general.--In the case of an
individual described in subparagraph (B), the
Secretary shall establish a one-time enrollment
period during which such an individual may
enroll in any medicare supplemental policy of
the individual's choosing.
(ii) Period.--The enrollment period
established under clause (i) shall begin on the
date on which the phase-in period under
paragraph (2) is completed and end 6 months
after such date.
(B) Individual described.--An individual described
in this paragraph is an individual who--
(i) is entitled to hospital insurance
benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.)
pursuant to section 226(b) or section 226A of
such Act (42 U.S.C. 426(b); 426-1);
(ii) is enrolled for benefits under part B
of such Act (42 U.S.C. 1395j et seq.); and
(iii) would not, but for the provisions of
and amendments made by paragraphs (1) and (2),
be eligible for the guaranteed issue of a
medicare supplemental policy under paragraph
(2) or (3) of section 1882(s) of such Act (42
U.S.C. 1395ss(s)).
(C) Outreach plan.--
(i) In general.--The Secretary shall
develop an outreach plan to notify individuals
described in subparagraph (B) of the one-time
enrollment period established under
subparagraph (A).
(ii) Consultation.--In implementing the
outreach plan developed under clause (i), the
Secretary shall consult with consumer
advocates, brokers, insurers, the National
Association of Insurance Commissioners, and
State Health Insurance Assistance Programs.
(b) Guaranteed Issue of Medigap Policies for Medicare Advantage
Enrollees.--
(1) In general.--Section 1882(s)(3) of the Social Security
Act (42 U.S.C. 1395ss(s)(3)), as amended by subsection (a), is
further amended--
(A) in subparagraph (B), by adding at the end the
following new clause:
``(vii) The individual was enrolled in a Medicare Advantage
plan under part C for not less than 12 months and subsequently
disenrolled from such plan and elects to receive benefits under
this title through the original Medicare fee-for-service
program under parts A and B.'';
(B) by striking subparagraph (C)(iii) and inserting
the following:
``(iii) Subject to subsection (v)(1), for purposes of an individual
described in clause (vi) or (vii) of subparagraph (B), a medicare
supplemental policy described in this subparagraph shall include any
medicare supplemental policy.''; and
(C) in subparagraph (E)--
(i) in clause (iv), by striking ``and'' at
the end;
(ii) in clause (v), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause--
``(vi) in the case of an individual described in
subparagraph (B)(vii), the annual, coordinated election period
(as defined in section 1851(e)(3)(B)) or a continuous open
enrollment period (as defined in section 1851(e)(2)) during
which the individual disenrolls from a Medicare Advantage plan
under part C.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to medicare supplemental policies effective on or
after January 1, 2025.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Health.
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