[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6435 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6435

    To amend title XVIII of the Social Security Act to clarify the 
application of Medicare special enrollment periods and secondary payer 
       rules to employer coverage of family members of employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2012

 Mr. Stark (for himself and Mr. Rangel) 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 clarify the 
application of Medicare special enrollment periods and secondary payer 
       rules to employer coverage of family members of employees.

    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 Secondary Payer and Late 
Enrollment Penalty Family Fairness Act of 2012''.

SEC. 2. FAIR TREATMENT OF FAMILY MEMBERS OF EMPLOYEES UNDER MEDICARE 
              SPECIAL ENROLLMENT PERIODS AND UNDER SECONDARY PAYER 
              RULES.

    (a) Special Enrollment Periods.--Paragraphs (1)(A), (2)(B), and 
(2)(C) of section 1837(i) of the Social Security Act (42 U.S.C. 
1395p(i)) are each amended by striking ``individual's (or the 
individual's spouse's) current employment status'' and inserting ``the 
individual's current employment status (or the current employment 
status of a family member of the individual)''.
    (b) Secondary Payer Rules.--Section 1862(b) of such Act (42 U.S.C. 
1395y(b)) is amended--
            (1) in paragraph (1)(A)(i)(I), by striking ``the 
        individual's spouse'' and inserting ``a family member of the 
        individual'';
            (2) in paragraph (1)(A)(i)(II), by striking ``the spouse'' 
        and ``(or spouse)'' and inserting ``a family member'' and ``(or 
        family member)'', respectively; and
            (3) in paragraph (5)(C)(i), by striking ``spouse'' and 
        inserting ``family member''.
    (c) Conforming Amendment to Late Enrollment Penalty.--Section 
1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by 
striking ``individual's (or the individual's spouse's) current 
employment'' and inserting ``the individual's current employment status 
(or the current employment status of a family member of the 
individual)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2013, and shall apply to months beginning on or 
after such date.
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