[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2235 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2235

To amend part B of title XVIII of the Social Security Act to limit the 
penalty for late enrollment under part B of the Medicare Program to 10 
 percent and twice the period of no enrollment, and to exclude periods 
    of COBRA and retiree coverage from such late enrollment penalty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2009

  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 part B of title XVIII of the Social Security Act to limit the 
penalty for late enrollment under part B of the Medicare Program to 10 
 percent and twice the period of no enrollment, and to exclude periods 
    of COBRA and retiree coverage from such late enrollment penalty.

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

SECTION 1. LIMITING MEDICARE PART B LATE ENROLLMENT PENALTY TO 10 
              PERCENT AND TWICE THE PERIOD OF NO ENROLLMENT.

    (a) In General.--The first sentence of section 1839(b) of the 
Social Security Act (42 U.S.C. 1395r(b)) is amended by striking ``10 
percent of the monthly premium so determined for each full 12 months'' 
and inserting ``10 percent of the monthly premium so determined for 
premiums paid during a period equal to twice the number of months in 
each of the full periods of 12 months''.
    (b) Conforming Amendments.--(1) Section 1818(c)(6) of such Act (42 
U.S.C. 1395i-2(c)(6)) is amended by striking ``may not exceed 10 
percent and shall only apply to premiums paid during a period equal to 
twice the number of months in the full 12-month periods described in 
that section and''.
    (2) Section 1818(g)(2)(B) of such Act (42 U.S.C. 1395i-2(g)(2)(B)) 
is amended by striking ``by substituting'' and all that follows and 
inserting the following: ``by substituting `section 1818 (without any 
increase resulting from the application of section 1839(b) to such 
section)' for `section 1839 (without any increase under subsection (b) 
thereof)'.''.
    (c) Effective Date.--(1) The amendments made by this section shall 
apply to premiums paid for months beginning after the end of the 90-day 
period beginning on the date of the enactment of this Act.
    (2) In applying these amendments, months (before, during, or after 
the month in which this Act is enacted) in which an individual was or 
is required to pay an increased premium shall be taken into account in 
determining the month in which the premium will no longer be subject to 
an increase.

SEC. 2. EXCLUSION OF PERIODS OF COBRA AND RETIREE COVERAGE FROM 
              MEDICARE PART B LATE ENROLLMENT PENALTY.

    (a) In General.--The second sentence of section 1839(b) of the 
Social Security Act (42 U.S.C. 1395r(b)) is amended by striking ``by 
reason of the individual's (or the individual's spouse's) current 
employment''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to premiums paid for months beginning after the end of the 90-day 
period beginning on the date of the enactment of this Act.

SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS WHOSE COBRA OR 
              RETIREE COVERAGE TERMINATES.

    (a) In General.--Section 1837(i) of the Social Security Act (42 
U.S.C. 1395p(i)) is amended--
            (1) in the first sentence of paragraph (1), by striking 
        ``by reason of the individual's (or the individual's spouse's) 
        current employment status'' in subparagraph (A);
            (2) in the first sentence of paragraph (2) by striking ``by 
        reason of the individual's (or the individual's spouse's) 
        current employment status'' each place it appears in 
        subparagraphs (B) and (C); and
            (3) in paragraph (3)(A) by striking ``by reason of current 
        employment status''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to premiums paid for months beginning after the end of the 90-day 
period beginning on the date of the enactment of this Act.
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