[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 566 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 566

 To amend title XVIII of the Social Security Act to provide annual and 
 other opportunities for individuals enrolled under a Medicare select 
        policy to change to a medigap policy without prejudice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

Mr. Bentsen (for himself, Mr. Cardin, Mr. Evans, Mr. Frost, Mr. Green, 
 Ms. Slaughter, Mr. Smith of New Jersey, Mr. Stark, and Mrs. Thurman) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to provide annual and 
 other opportunities for individuals enrolled under a Medicare select 
        policy to change to a medigap policy without prejudice.

    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 Protection Act of 1997''.

SEC. 2. CONTINUED ACCESS TO MEDIGAP POLICIES BY MEDICARE-SELECT 
              ENROLLEES.

    (a) In General.--Section 1882(s) of the Social Security Act (42 
U.S.C. 1395ss(s)) is amended--
            (1) in paragraph (3), by striking ``paragraphs (1) and 
        (2)'' and inserting ``paragraphs (1), (2), or (3)'',
            (2) by redesignating paragraph (3) as paragraph (4), and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
    ``(3)(A) The issuer of a Medicare supplemental policy shall provide 
enrollment periods described in subparagraph (B) during which an 
individual described in subparagraph (C) may elect coverage under any 
such Medicare supplemental policy of such issuer as a replacement for 
the Medicare select policy. The election of such a policy shall become 
effective in a timely manner (as specified by the Secretary). The 
provisions of paragraph (2)(C) (relating to waiving application of 
certain preexisting limitations) may apply to the enrollment of an 
individual under a policy pursuant to this paragraph. In the case of 
such an election, the issuer shall treat the individual as having been 
covered under the policy during the period in which the individual was 
covered under the Medicare select policy for purposes of computing 
applicable premiums and applying any preexisting condition limitations.
    ``(B) The enrollment periods described in this subparagraph are--
            ``(i) an open enrollment period (of at least 30 days 
        duration) at least once every 12 months, and
            ``(ii) a reasonable open enrollment period for an 
        individual whose coverage under a Medicare select policy is 
        terminated because the individual moves out of the service area 
        of the issuer of such Medicare select policy.
    ``(C) An individual described in this subparagraph is, with respect 
to the issuer of a Medicare supplemental policy, an individual who is 
enrolled in a Medicare select policy and who would be eligible to 
enroll under the Medicare supplemental policy of the issuer under 
paragraph (2)(A) at the time the individual became (or becomes) 65 
years of age.
    ``(D) In this paragraph, the term `Medicare select policy' means a 
policy issued and certified under subsection (t)(1).
    ``(E) The Secretary is authorized to issue regulations to carry out 
this paragraph.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to issuers of Medicare supplemental policies for periods 
beginning with the first day of the first month that begins more than 
90 days after the date of the enactment of this Act.
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