[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3863 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3863

To provide for a special Medicare part B enrollment period, a reduction 
  or elimination in the part B late enrollment penalty, and a special 
   medigap open enrollment period for certain military retirees and 
                              dependents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1998

  Mr. Watts of Oklahoma (for himself, Mr. Taylor of Mississippi, Mr. 
 Hefley, Mr. Ryun, Mr. Bilbray, Mr. Boyd, Ms. Eddie Bernice Johnson of 
    Texas, and Mr. Filner) 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 provide for a special Medicare part B enrollment period, a reduction 
  or elimination in the part B late enrollment penalty, and a special 
   medigap open enrollment period for certain military retirees and 
                              dependents.

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

SECTION 1. MEDICARE PART B SPECIAL ENROLLMENT PERIOD, REDUCTION IN OR 
              ELIMINATION OF MEDICARE PART B LATE ENROLLMENT PENALTY, 
              AND MEDIGAP SPECIAL OPEN ENROLLMENT PERIOD FOR CERTAIN 
              MILITARY RETIREES AND DEPENDENTS.

    (a) Medicare Part B Special Enrollment Period.--
            (1) In general.--In the case of any eligible individual (as 
        defined in subsection (c)), the Secretary of Health and Human 
        Services shall provide for a special enrollment period during 
        which the individual may enroll under part B of title XVIII of 
        the Social Security Act. Such period shall be for a period of 6 
        months and shall begin with the first month that begins at 
        least 45 days after the date of the enactment of this Act.
            (2) Coverage period.--In the case of an eligible individual 
        who enrolls during the special enrollment period provided under 
        paragraph (1), the coverage period under part B of title XVIII 
        of the Social Security Act shall begin on the first day of the 
        month following the month in which the individual enrolls.
    (b) Reduction or Elimination of Medicare Part B Late Enrollment 
Penalty.--In the case of an eligible individual who enrolls during the 
special enrollment period under subsection (a)(1), if the individual 
is--
            (1) under 65 years of age, there shall be no increase in 
        premiums under section 1839(b) of the Social Security Act; or
            (2) 65 years of age or older, the increase in premiums 
        under section 1839(b) of the Social Security Act due to delay 
        in enrollment shall not apply to the extent the premium, as so 
        increased, exceeds the lesser of--
                    (A) 120 percent of the premium otherwise generally 
                imposed part B of title XVIII of the Social Security 
                Act without regard to such section; or
                    (B) an amount determined by the Secretary on an 
                actuarially equivalent basis to reflect the cost of 
                such later enrollment.
    (c) Medigap Special Open Enrollment Period.--Notwithstanding any 
other provision of law, an issuer of a medicare supplemental policy (as 
defined in section 1882(g) of the Social Security Act)--
            (1) may not deny or condition the issuance or effectiveness 
        of a medicare supplemental policy; and
            (2) may not discriminate in the pricing of the policy on 
        the basis of the individual's health status, medical condition 
        (including both physical and mental illnesses), claims 
        experience, receipt of health care, medical history, genetic 
        information, evidence of insurability (including conditions 
        arising out of acts of domestic violence), or disability;
in the case of an eligible individual who seeks to enroll during the 6-
month period described in subsection (a)(1).
    (d) Eligible Individual Defined.--In this section, the term 
``eligible individual'' means an individual--
            (1) who, as of the date of the enactment of this Act, was 
        eligible to enroll under part B of title XVIII of the Social 
        Security Act, and
            (2) who at the time the individual first satisfied 
        paragraph (1) or (2) of section 1836 of the Social Security 
        Act--
                    (A) was a covered beneficiary (as defined in 
                section 1072(5) of title 10, United States Code), and
                    (B) did not elect to enroll (or to be deemed 
                enrolled) under section 1837 of the Social Security Act 
                during the individual's initial enrollment period.
The Secretary of Health and Human Services shall consult with the 
Secretary of Defense in the identification of eligible individuals.
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