I 111th CONGRESS 2d Session H. R. 6502 IN THE HOUSE OF REPRESENTATIVES December 8, 2010 Mr. Gonzalez introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 preserve Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 3204(a) of the Patient Protection and Affordable Care Act.

1.

Short title

This Act may be cited as the Medicare Beneficiary Preservation of Choice Act of 2010.

2.

Preservation of Medicare beneficiary choice under Medicare Advantage

(a)

In general

Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w–21(e)(2)) is amended by amending subparagraph (C), as amended by section 3204(a) of the Patient Protection and Affordable Care Act (Public Law 111–148), to read as follows: (C)

Continuous open enrollment and disenrollment for first 3 months in subsequent years

(i)

In general

Subject to clause (ii) and subparagraph (D), at any time during the first 3 months of a year, or, if the individual first becomes a Medicare Advantage eligible individual during a year, during the first 3 months of such year in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1). (ii)

Limitation of one change during open enrollment period each year

An individual may exercise the right under clause (i) only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). (iii)

Limited application to part D

The previous provisions of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan. . (b)

Conforming amendment

Section 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by striking , (C),. (c)

Effective date

The amendments made by this section shall apply with respect to 2011 and succeeding years.