[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2167 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2167

To amend title XVIII of the Social Security Act to permit the disabled 
  surviving spouse of an individual to elect to retain private health 
 insurance as the primary payor of health insurance benefits under the 
                           Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2003

  Mr. Frank of Massachusetts introduced the following bill; which was 
 referred to the Committee on Energy and 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 amend title XVIII of the Social Security Act to permit the disabled 
  surviving spouse of an individual to elect to retain private health 
 insurance as the primary payor of health insurance benefits under the 
                           Medicare Program.

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

SECTION 1. ELECTION OF PRIVATE HEALTH INSURANCE AS PRIMARY PAYOR UNDER 
              THE MEDICARE PROGRAM FOR DISABLED SURVIVING SPOUSES.

    (a) In General.--Section 1862(b)(1)(E) of the Social Security Act 
(42 U.S.C. 1395y(b)(1)(E)) is amended by adding at the end the 
following new clause:
                            ``(iv) Election of disabled surviving 
                        spouses to retain group health plan as primary 
                        payor.--In the case of a surviving spouse who 
                        is a disabled person and who, on the date that 
                        preceded the death of the deceased spouse, was 
                        covered under a group health plan by virtue of 
                        the deceased spouse, the surviving spouse may 
                        elect, in a form and manner specified by the 
                        Secretary, to retain the group health plan as 
                        primary payor under this title. Unless 
                        otherwise provided, such an election shall take 
                        effect immediately upon its execution. Such an 
                        election, once made, may not be revoked.''.
    (b) Effective Date.--(1) Subject to paragraph (2), the amendment 
made by subsection (a) shall take effect on the date of the enactment 
of this Act, and shall apply with respect to elections made on or after 
such date.
    (2) In the case of an election under paragraph (1) by the disabled 
surviving spouse of an individual who died before the date of the 
enactment of this Act, the disabled surviving spouse may only make an 
election during the 6-month period that begins on such date.
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