[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6184 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6184

   To amend title XVIII of the Social Security Act to provide for a 
 special enrollment period under Medicare for individuals enrolled in 
          COBRA continuation coverage, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2016

Mr. Dold (for himself and Mr. Schrader) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
  addition to the Committees on Ways and Means, and Education and the 
 Workforce, 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 provide for a 
 special enrollment period under Medicare for individuals enrolled in 
          COBRA continuation coverage, and for other purposes.

    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 Enrollment Protection 
Act''.

SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS TRANSITIONING FROM 
              COBRA CONTINUATION COVERAGE.

    (a) Special Enrollment Period for Individuals Enrolled in Cobra 
Continuation Coverage.--Section 1837(i) of the Social Security Act (42 
U.S.C. 1395p(i)) is amended by adding at the end the following new 
paragraph:
            ``(5)(A) In the case of an individual who--
                            ``(i)(I) at the time the individual first 
                        satisfies paragraph (1) or (2) of section 1836, 
                        is enrolled in COBRA continuation coverage (as 
                        defined in subparagraph (D)); or
                            ``(II) is enrolled in COBRA continuation 
                        coverage (and made such enrollment after 
                        attaining 65 years of age) and immediately 
                        prior to such enrollment was an individual 
                        described in paragraph (1) or (2) of this 
                        subsection; and
                            ``(ii) has elected not to enroll (or to be 
                        deemed enrolled) under this section during the 
                        individual's initial enrollment period;
                there shall be a special enrollment period described in 
                subparagraph (B).
            ``(B) The special enrollment period referred to in 
        subparagraph (A) is the period that includes each month during 
        any part of which the individual is enrolled in COBRA 
        continuation coverage.
            ``(C) An individual may only enroll during the special 
        enrollment period provided under subparagraph (B) one time 
        during the individual's lifetime.
            ``(D) For purposes of this paragraph, the term `COBRA 
        continuation coverage' means continuation coverage--
                    ``(i) under a COBRA continuation provision (as 
                defined in section 2791(d)(4) of the Public Health 
                Service Act);
                    ``(ii) pursuant to section 8905a of title 5, United 
                States Code; or
                    ``(iii) under a similar State program that provides 
                comparable continuation coverage.''.
    (b) Coverage Period for Individuals Transitioning From Cobra 
Continuation Coverage.--Section 1838(e) of the Social Security Act (42 
U.S.C. 1395q(e)) is amended--
            (1) by striking ``pursuant to section 1837(i)(3) or 
        1837(i)(4)(B)'' and inserting the following: ``pursuant to--
            ``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and moving the 
        indentation of each such subparagraph 2 ems to the right;
            (3) by striking the period at the end of the subparagraph 
        (B), as so redesignated, and inserting ``; or''; and
            (4) by adding at the end the following new paragraph:
            ``(2) section 1837(i)(5), the coverage period shall begin 
        on the first day of the month following the month in which the 
        individual so enrolls.''.
    (c) No Increase in Premium.--Section 1839(b) of such Act (42 U.S.C. 
1395r(b)) is amended--
            (1) in the first sentence, by inserting ``, (i)(5),'' after 
        ``subsection (i)(4)''; and
            (2) in the second sentence, by inserting before the period 
        at the end the following: ``or months for which the individual 
        can demonstrate that the individual was enrolled in COBRA 
        continuation coverage (as such term is defined in section 
        1837(i)(5)(D)).''.
    (d) Updating COBRA Continuation Coverage Notifications.--The 
Secretary of Labor, in consultation with the Secretary of Health and 
Human Services, shall update the COBRA continuation coverage election 
notice and COBRA continuation coverage general notice required under 
section 606 of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1166) to be given by an employer to an employee eligible for 
COBRA continuation coverage to include an explanation of how the 
Medicare secondary payer rules under section 1862(b) of the Social 
Security Act (42 U.S.C. 1395y(b)) apply with respect to COBRA 
continuation coverage.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
periods of COBRA continuation coverage beginning on or after such date.
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