[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2488 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2488

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 Medicare open enrollment and disenrollment opportunities repealed by 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 HOUSE OF REPRESENTATIVES

                              May 21, 2015

 Mr. Rothfus (for himself, Mr. Schrader, Mr. Brady of Texas, and Mrs. 
Brooks of Indiana) 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 Medicare open enrollment and disenrollment opportunities repealed by 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.

    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 2015''.

SEC. 2. PRESERVATION OF MEDICARE BENEFICIARY CHOICE UNDER MEDICARE 
              ADVANTAGE.

    Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w-
21(e)(2)) is amended--
            (1) in subparagraph (C)--
                    (A) in the heading, by inserting ``from 2011 
                through 2015'' after ``45-day period''; and
                    (B) by inserting ``and ending with 2015'' after 
                ``beginning with 2011''; and
            (2) by adding at the end the following new subparagraph:
                    ``(G) Continuous open enrollment and disenrollment 
                for first 3 months in 2016 and subsequent years.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (D), at any time during the 
                        first 3 months of a year (beginning with 2016), 
                        or, if the individual first becomes a Medicare 
                        Advantage eligible individual during a year 
                        (beginning with 2016), 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 
                        change the election pursuant to 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.--
                        Clauses (i) and (ii) 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.
                            ``(iv) Limitations on marketing.--Pursuant 
                        to subsection (j), no unsolicited marketing or 
                        marketing materials may be sent to an 
                        individual described in clause (i) during the 
                        continuous open enrollment and disenrollment 
                        period established for the individual under 
                        such clause.''.
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