[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 912 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 912

   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 SENATE OF THE UNITED STATES

                             June 16, 1997

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

_______________________________________________________________________

                                 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 (42 U.S.C. 1395j et seq.). 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 
        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 (42 U.S.C. 1395r(b)) 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 (42 U.S.C. 
1395ss))--
            (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 
        (42 U.S.C. 1395o)--
                    (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 
                (42 U.S.C. 1395p) 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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