I 112th CONGRESS 2d Session H. R. 6435 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.

1.

Short title

This Act may be cited as the Medicare Secondary Payer and Late Enrollment Penalty Family Fairness Act of 2012.

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.