[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2149 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2149

To amend title XVIII of the Social Security Act to establish a special 
  enrollment period under part B of the medicare program for certain 
 military retirees and dependents living near military bases that are 
 closed and to provide for the payment by the Department of Defense of 
 the late enrollment penalty imposed on such enrollment, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 25 (legislative day, May 16), 1994

   Mr. Cohen introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to establish a special 
  enrollment period under part B of the medicare program for certain 
 military retirees and dependents living near military bases that are 
 closed and to provide for the payment by the Department of Defense of 
 the late enrollment penalty imposed on such enrollment, 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. ESTABLISHMENT OF MEDICARE SPECIAL ENROLLMENT PERIOD FOR 
              CERTAIN MILITARY RETIREES AND DEPENDENTS AND PAYMENT OF 
              LATE ENROLLMENT PENALTY BY DEPARTMENT OF DEFENSE.

    (a) Special Enrollment Period.--Section 1837 of the Social Security 
Act (42 U.S.C. 1395p) is amended by adding at the end the following new 
subsection:
    ``(j) In the case of an individual described in section 1839(g)(2), 
there shall be a 90-day special enrollment period--
            ``(1) beginning 45 days before the scheduled date of the 
        closure of the individual's military treatment facility (as 
        defined in section 1839(g)(3)(C)), or
            ``(2) in the case of a military treatment facility that 
        closed prior to January 1, 1995, beginning January 1, 1995.''.
    (b) Coverage Period for Special Enrollments.--Section 1838 of the 
Social Security Act (42 U.S.C. 1395q) is amended by adding at the end 
the following new subsection:
    ``(f) Notwithstanding subsection (a), in the case of an individual 
who enrolls during a special enrollment period pursuant to section 
1837(j), the coverage period shall begin on the first day of the month 
that begins at least 15 days after the date of such enrollment.''.
    (c) Payment by Department of Defense of Medicare Part B Late 
Enrollment Penalty.--Section 1839 of the Social Security Act (42 U.S.C. 
1395r) is amended by adding at the end the following new subsection:
    ``(g)(1) The increase in premiums under subsection (b) due to late 
enrollment under this part by an individual described in paragraph (2) 
who enrolls under this program during a special enrollment period 
provided under section 1837(j) shall be paid by the Secretary of the 
military department concerned.
    ``(2) An individual described in this paragraph is an individual 
who, as of the date of the announcement of the closure of the 
individual's military treatment facility--
            ``(A) is 65 years of age or older;
            ``(B) is eligible for health care under section 1074(b) or 
        1076(b) of title 10, United States Code;
            ``(C) has never, since attaining the age of 65, been 
        enrolled under this part; and
            ``(D) has continuously maintained a primary residence 
        within 65 miles of a military treatment facility since 
        attaining the age of 65.
    ``(3) For purposes of this subsection:
            ``(A) The date of the announcement of the closure of a 
        military treatment facility is the date of the submission to 
        Congress under a base closure law of a report recommending the 
        closure of the military base at which the facility is located.
            ``(B) The term `base closure law' has the meaning given 
        such term in section 2825(d) of the National Defense 
        Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 
        2687 note).
            ``(C) The term `closure of the individual's military 
        treatment facility' means, with respect to an individual, the 
        closure under a base closure law of the last military treatment 
        facility within 65 miles of the primary residence of the 
        individual.
            ``(D) The term `military treatment facility' means a 
        facility of a uniformed service referred to in section 1074(a) 
        of title 10, United States Code, in which health care is 
        provided.''.

                                      <all>