[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 875 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 875

 To amend title XVIII of the Social Security Act to provide for waiver 
  of the medicare part B late enrollment penalty for certain military 
  retirees and dependents who live near closed military bases and to 
 establish a special enrollment period for such persons under medicare 
                                part B.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 1995

   Mr. Pete Geren of Texas introduced the following bill; which was 
    referred to the Committee on 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 provide for waiver 
  of the medicare part B late enrollment penalty for certain military 
  retirees and dependents who live near closed military bases and to 
 establish a special enrollment period for such persons under medicare 
                                part B.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER OF LATE ENROLLMENT PENALTY AND ESTABLISHMENT OF 
              SPECIAL ENROLLMENT PERIOD FOR CERTAIN MILITARY RETIREES 
              AND DEPENDENTS.

    (a) Waiver of Medicare Part B Late Enrollment Penalty.--Section 
1839 of the Social Security Act (42 U.S.C. 1395r), as amended by 
section 144 of the Social Security Act Amendments of 1994, is amended 
by adding at the end the following new subsection:
    ``(h)(1) The increase in premiums required under subsection (b) due 
to late enrollment under this part shall not apply to an individual 
described in paragraph (2) who enrolls under this program during the 
special enrollment period provided under section 1837(j).
    ``(2) An individual described in this paragraph is an individual--
            ``(A) who, as of the date of the announcement of the 
        closure of the individual's military treatment facility is 65 
        years of age or older;
            ``(B) who is a member or former member of a uniformed 
        service, or is a dependent of such member, and is eligible for 
        health care under section 1074(b) or 1076(b) of title 10, 
        United States Code;
            ``(C) who has never, since attaining age 65, been enrolled 
        under this part;
            ``(D) who, since attaining the age of 65, has continuously 
        maintained a primary residence within 100 miles of a military 
        treatment facility; and
            ``(E) with respect to whom the condition described in 
        paragraph (3) is met.
    ``(3) The condition described in this paragraph is met with respect 
to an individual when the closure of the individual's military 
treatment facility (as defined in paragraph (4)(C)) has been announced.
    ``(4) In this subsection:
            ``(A) A facility's closure is considered to be `announced' 
        as of 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(c) of the National Defense 
        Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
        102-190).
            ``(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 100 miles of the primary residence of the 
        individual.''.
    (b) Special Enrollment Period.--Section 1837 of such 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(h)(2), 
there shall be a 90-day special enrollment period beginning 45 days 
before the scheduled date of the closure of the individual's military 
treatment facility (as defined in section 1839(h)(4)(C)).''.
    (c) Coverage Period For Special Enrollments.--Section 1838 of such 
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.''.
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