[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2551 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2551

     To amend title XVIII of the Social Security Act to permit the 
replacement of health insurance policies for certain disabled medicare 
    beneficiaries notwithstanding that the replacement policies may 
                      duplicate medicare benefits.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              October 5 (legislative day, October 2), 1998

  Mr. D'Amato introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To amend title XVIII of the Social Security Act to permit the 
replacement of health insurance policies for certain disabled medicare 
    beneficiaries notwithstanding that the replacement policies may 
                      duplicate medicare benefits.

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

SECTION 1. PERMITTING REPLACEMENT OF CERTAIN HEALTH INSURANCE POLICIES 
              BY CERTAIN DISABLED MEDICARE BENEFICIARIES 
              NOTWITHSTANDING DUPLICATION OF MEDICARE BENEFITS.

    Section 1882(d)(3)(A) of the Social Security Act (42 U.S.C. 
1395ss(d)(3)(A)) is amended--
            (1) in clause (vi)(III), by inserting ``or (ix)'' after 
        ``(v)'';
            (2) in clause (viii), by striking ``or (vi)(III)'' and 
        inserting ``(vi)(III), or (ix)'' each place it appears; and
            (3) by adding at the end the following new clause:
    ``(ix) For purposes of this subparagraph, a health insurance policy 
(which may be a contract for a health maintenance organization) that 
becomes effective on or after January 1, 1999, is not considered to 
`duplicate' health benefits under this title or title XIX or under 
another health insurance policy if it--
            ``(I) provides comprehensive health care benefits that 
        replace the benefits provided by another health insurance 
        policy that was originally purchased before January 1, 1996, 
        and that has been maintained pursuant to a State law governing 
        the sale or discontinuance of health insurance contracts sold 
        to individuals;
            ``(II) is being provided to an individual who is enrolled 
        (or is eligible to be enrolled) under part B on the basis of 
        being entitled to benefits under part A pursuant to section 
        226(b); and
            ``(III) is otherwise prevented by this subparagraph from 
        purchasing a health insurance policy to replace an existing 
        policy that has been maintained by an insurer pursuant to a 
        State law.''.
                                 <all>