II 109th CONGRESS 1st Session S. 856 IN THE SENATE OF THE UNITED STATES April 20, 2005 Mr. Rockefeller (for himself and Mr. Durbin) 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 extend the minimum medicare deadlines for filing claims to take into account delay in processing adjustments from secondary payor status to primary payor status.

1.

Adjustment in minimum medicare claims filing deadlines to account for delay in processing adjustments from secondary to primary payor status

(a)

In general

Sections 1814(a)(1) and 1835(a)(1) of the Social Security Act (42 U.S.C. 1395f(a)(1), 1395n(a)(1)) are each amended by inserting (but, in the case of items and services furnished to an individual during the period beginning on the date the individual’s status under section 1862(b)(2) changes from having a group health plan that is a primary plan to no longer having such a health plan that is a primary plan and ending on the date of completion of the change of status, ending no earlier than 1 year after the date of completion of the change of status) after 1 calendar year. (b)

Effective date

(1)The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 1987, and before August 11, 1993. (2)In the case of claims for items and services described in the matter inserted by the amendments made by subsection (a) and furnished on or after January 1, 1987, and before August 11, 1993, notwithstanding any other provision of law, the deadline for submission of such claims under parts A and B of title XVIII of the Social Security Act shall in no case expire before the end of the 1-year period beginning on the date of the enactment of this Act.