[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4473 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4473

    To amend title XVIII of the Social Security Act to establish an 
extended special enrollment period for individuals to enroll in part B 
                              of Medicare.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2010

 Mr. Schrader 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 establish an 
extended special enrollment period for individuals to enroll in part B 
                              of Medicare.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seniors Medicare Protection Act of 
2010''.

SEC. 2. MEDICARE PART B EXTENDED SPECIAL ENROLLMENT PERIOD.

    (a) In General.--Section 1837(i) of the Social Security Act (42 
U.S.C. 1395p(i)) is amended by adding at the end the following new 
paragraph:
    ``(5)(A) In the case of an individual who--
            ``(i) at the time the individual first satisfies paragraph 
        (1) or (2) of section 1836, is enrolled in a group health plan 
        described in section 1862(b)(1)(A)(v) by reason of the 
        individual's (or the individual's spouse's) current employment 
        status,
            ``(ii) has elected not to enroll (or to be deemed enrolled) 
        under this section during the individual's initial enrollment 
        period, and
            ``(iii) has not elected to enroll pursuant to the special 
        enrollment period under paragraph (3),
there shall be an extended special enrollment period described in 
subparagraph (B).
    ``(B) The extended special enrollment period referred to in 
subparagraph (A) is the 24-month period beginning on the first day of 
the month following the end of the special enrollment period described 
in paragraph (3).''.
    (b) Coverage Period.--Section 1838(a)(2) of such Act (42 U.S.C. 
1395q(a)(2)) is amended--
            (1) in subparagraph (E), by striking the semicolon and 
        inserting a comma; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) In the case of an individual who enrolls 
                pursuant to subsection (i)(5) of section 1837, the 
                first day of the month following the month in which he 
                so enrolls; or''.
    (c) Amount of Premium.--Section 1839 of such Act (42 U.S.C. 1395r) 
is amended--
            (1) in subsection (a)(2), by striking ``and (i)'' and 
        inserting ``(i), and (j)''; and
            (2) by adding at the end the following new subsection:
    ``(j) Temporary Increase in Premium Based on Enrollment Pursuant to 
Extended Special Enrollment Period.--
            ``(1) In general.--In the case of an individual whose 
        coverage period began pursuant to an extended special 
        enrollment period under section 1837(i)(5), the monthly premium 
        determined under subsection (a), adjusted in accordance with 
        subsection (i), shall be increased by 25 percent of the monthly 
        premium (as so adjusted) for months described in paragraph (2).
            ``(2) Application of premium.--In the case that an 
        individual enrolls pursuant to the extended special enrollment 
        period described in subsection (i)(5) of section 1837--
                    ``(A) during a general enrollment period described 
                in subsection (e) of such section, the premium increase 
                under paragraph (1) shall apply to months before the 
                month of July following the date of enrollment; or
                    ``(B) other than during such general enrollment 
                period, such premium increase shall apply to months 
                before the month of July in the calendar year following 
                the year of enrollment.
            ``(3) Reduction or waiver of temporary increase in 
        premium.--The Secretary may reduce or waive the premium 
        increase under paragraph (1) for an individual described in 
        such paragraph if it can be demonstrated to the satisfaction of 
        the Secretary that such individual made a good faith effort to 
        enroll during a special enrollment period (of which such 
        individual was eligible to enroll) under section 1837(i)(3).''.
    (d) Transition Rule.--In the case of an individual who had a 
special enrollment period under paragraph (3) of section 1837(i) of the 
Social Security Act (42 U.S.C. 1395p(i)) that ended within the 24-month 
period ending on the date of the enactment of this section and who did 
not enroll under part B of title XVIII of such Act during or after such 
period and before the date of the enactment of this section, the 
individual shall have an extended special enrollment period under 
paragraph (5) of such section 1837(i) during the 24-month period 
beginning on the first day of the first month beginning after such date 
of enactment.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month beginning more than 120 days 
after the date of enactment of this section.
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