[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4862 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4862

   To amend title XVIII of the Social Security Act to guarantee that 
   Medicare beneficiaries enrolled in Medicare+Choice plans offering 
prescription drug coverage have access to a Medigap policy that offers 
  similar prescription drug coverage in the event the Medicare+Choice 
 plan terminates service in the area in which the beneficiary resides.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 1998

  Mr. Cardin introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to guarantee that 
   Medicare beneficiaries enrolled in Medicare+Choice plans offering 
prescription drug coverage have access to a Medigap policy that offers 
  similar prescription drug coverage in the event the Medicare+Choice 
 plan terminates service in the area in which the beneficiary resides.

    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 ``Medigap Access Protection for 
Seniors Act of 1998''.

SEC. 2. GUARANTEED ACCESS FOR CERTAIN MEDICARE BENEFICIARIES TO MEDIGAP 
              POLICIES OFFERING DRUG BENEFITS.

    (a) In General.--Section 1882(s)(3)(C) of the Social Security Act 
(42 U.S.C. 1395ss(s)(3)(C)) is amended--
            (1) in clause (i), by striking ``Subject to clauses (ii) 
        and (iii),'' and inserting ``Subject to clauses (ii), (iii), 
        and (v),''; and
            (2) by adding at the end the following new clause:
    ``(v)(I) In the case of an individual who is enrolled with an 
organization described in subclause (II), a Medicare supplemental 
policy described in this subparagraph includes a Medicare supplemental 
policy which has a benefit package classified as ``H'', ``I'', or ``J'' 
under the standards established under subsection (p)(2), or in the case 
of a State described in subsection (p)(6), a Medicare supplemental 
policy offered in such State that includes in its benefits package 
coverage of outpatient prescription drugs.
    ``(II) For purposes of subclause (I), an organization described in 
this subclause is a Medicare+Choice organization under a 
Medicare+Choice plan under part C or an eligible organization under a 
contract under section 1876 that provided as a part of its benefits 
package coverage of outpatient prescription drugs, and that terminates 
such enrollment with respect to all individuals in the area in which 
the individual resides.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.
                                 <all>