[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 598 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 598

   To provide for certain military retirees and dependents a special 
  Medicare part B enrollment period during which the late enrollment 
 penalty is waived and a special medigap open enrollment period during 
                  which no underwriting is permitted.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 1997

 Mr. Ensign (for himself and Mr. Scarborough) 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 certain military retirees and dependents a special 
  Medicare part B enrollment period during which the late enrollment 
 penalty is waived and a special medigap open enrollment period during 
                  which no underwriting is permitted.

    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 AND WAIVER OF PART 
              B LATE ENROLLMENT PENALTY AND MEDIGAP SPECIAL OPEN 
              ENROLLMENT PERIOD FOR CERTAIN MILITARY RETIREES AND 
              DEPENDENTS.

    (a) Medicare Part B Special Enrollment Period; Waiver of Part B 
Penalty for Late Enrollment.--
            (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.
            (3) Waiver of part b late enrollment penalty.--In the case 
        of an eligible individual who enrolls during the special 
        enrollment period provided under paragraph (1), there shall be 
        no increase pursuant to section 1839(b) of the Social Security 
        Act in the monthly premium under part B of title XVIII of such 
        Act.
    (b) 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).
    (c) 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, has 
        attained 65 years of age and 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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