Bill Summary
This bill, known as the "Medicare Enrollment Protection Act," aims to amend the Social Security Act to provide a special enrollment period for individuals enrolled in COBRA continuation coverage. This means that those who are enrolled in private health insurance through COBRA after leaving a job will have a designated time period during which they can enroll in Medicare. The bill also specifies that this special enrollment period can only be used once in an individual's lifetime. Additionally, the bill updates the notifications required for COBRA continuation coverage to include information about how Medicare rules apply to this type of coverage. These amendments will go into effect on the date the bill is enacted, and will apply to those who begin COBRA continuation coverage after that date.
Possible Impacts
1. This legislation may benefit individuals who are transitioning from COBRA continuation coverage to Medicare by providing them with a special enrollment period and ensuring that there is no increase in premium for the months they were enrolled in COBRA.
2. It may also affect employers by requiring them to update their COBRA continuation coverage notifications to include information about Medicare secondary payer rules.
3. This legislation may also impact state programs that provide comparable continuation coverage, as they will now fall under the definition of "COBRA continuation coverage" and may be subject to the same regulations and guidelines.
[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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