110 HR 3942 IH: To amend title XVIII of the Social Security Act to permit U.S. House of Representatives 2007-10-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3942 IN THE HOUSE OF REPRESENTATIVES October 23, 2007 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.

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.