[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4040 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4040

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 Medicare open enrollment and disenrollment opportunities repealed by 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2010

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 Medicare open enrollment and disenrollment opportunities repealed by 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.

    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 ``Medicare Beneficiary Preservation of 
Choice Act of 2010''.

SEC. 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.
                                 <all>