[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8791 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8791

 To amend part B of 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 9, 2022

 Mr. Schrader (for himself, Mr. Bilirakis, Mr. Thompson of California, 
 Mr. Smucker, Mr. Walberg, and Ms. Sherrill) 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 
 Labor, 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 part B of 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 
of 2022''.

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) at the time the individual first satisfies 
                paragraph (1) or (2) of section 1836(a), is enrolled in 
                COBRA continuation coverage (as defined in subparagraph 
                (D)); or
                    ``(ii) is enrolled in COBRA continuation coverage 
                and immediately prior to such enrollment was an 
                individual described in paragraph (1) or (2) of this 
                subsection,
                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--
                    ``(i) each month during any part of which the 
                individual is enrolled in COBRA continuation coverage; 
                and
                    ``(ii) the 3-month period beginning with the first 
                month following the last month during any part of which 
                such individual is so enrolled.
            ``(C) An individual may only enroll during the special 
        enrollment period provided under subparagraph (A) one time 
        during the individual's lifetime.
            ``(D) For purposes of this paragraph, the term `COBRA 
        continuation coverage' means continuation coverage beginning on 
        or after January 1, 2023--
                    ``(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 law that provides 
                comparable continuation of group health plan 
                coverage.''.
    (b) Coverage Period for Certain Eligible Individuals.--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 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)'';
            (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) Coordination of Benefits.--
            (1) ERISA.--Section 607 of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1167)) is amended by adding at 
        the end the following new paragraph:
            ``(6) Coordination of benefits.--Notwithstanding any other 
        provision of law, in the case that an individual is enrolled in 
        COBRA continuation coverage (as defined in section 
        1837(i)(5)(D) of the Social Security Act) and the individual is 
        eligible for but not enrolled in coverage under part B of title 
        XVIII of the Social Security Act, such COBRA continuation 
        coverage shall not reduce or terminate benefits under such 
        COBRA continuation coverage with respect to the individual on 
        the basis that the individual is eligible for coverage under 
        such part B or otherwise take into account such eligibility. 
        Such benefits under such COBRA continuation coverage shall be 
        provided to such an individual as if such individual were not 
        so eligible for coverage under such part B. Nothing in the 
        preceding two sentences shall require the provision of such 
        COBRA continuation coverage to an individual enrolled in 
        coverage under such part B or prohibit the termination of such 
        continuation coverage or reduction of benefits under such 
        continuation coverage in the case of an individual who enrolls 
        under such part B.''.
            (2) PHSA.--Section 2208 of the Public Health Service Act 
        (42 U.S.C. 300bb-8) is amended--
                    (A) by striking ``definitions'' and inserting 
                ``definitions and special rules''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Special rule for coordination of benefits.--
        Notwithstanding any other provision of law, in the case that an 
        individual is enrolled in COBRA continuation coverage (as 
        defined in section 1837(i)(5)(D) of the Social Security Act) 
        and the individual is eligible for but not enrolled in coverage 
        under part B of title XVIII of the Social Security Act, such 
        COBRA continuation coverage shall not reduce or terminate 
        benefits under such COBRA continuation coverage with respect to 
        the individual on the basis that the individual is eligible for 
        coverage under such part B or otherwise take into account such 
        eligibility. Such benefits under such COBRA continuation 
        coverage shall be provided to such an individual as if such 
        individual were not so eligible for coverage under such part B. 
        Nothing in the preceding two sentences shall require the 
        provision of such COBRA continuation coverage to an individual 
        enrolled in coverage under such part B or prohibit the 
        termination of such continuation coverage or reduction of 
        benefits under such continuation coverage in the case of an 
        individual who enrolls under such part B.''.
            (3) IRC.--Section 4980B(g) of the Internal Revenue Code of 
        1986 is amended--
                    (A) by striking ``Definitions'' and inserting 
                ``Definitions and Special Rules''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Special rule for coordination of benefits.--
        Notwithstanding any other provision of law, in the case that an 
        individual is enrolled in COBRA continuation coverage (as 
        defined in section 1837(i)(5)(D) of the Social Security Act) 
        and the individual is eligible for but not enrolled in coverage 
        under part B of title XVIII of the Social Security Act, such 
        COBRA continuation coverage shall not reduce or terminate 
        benefits under such COBRA continuation coverage with respect to 
        the individual on the basis that the individual is eligible for 
        coverage under such part B or otherwise take into account such 
        eligibility. Such benefits under such COBRA continuation 
        coverage shall be provided to such an individual as if such 
        individual were not so eligible for coverage under such part B. 
        Nothing in the preceding two sentences shall require the 
        provision of such COBRA continuation coverage to an individual 
        enrolled in coverage under such part B or prohibit the 
        termination of such continuation coverage or reduction of 
        benefits under such continuation coverage in the case of an 
        individual who enrolls under such part B.''.
    (e) Updating COBRA Continuation Coverage Notifications.--Not later 
than January 1, 2023, the Secretary of Labor, in consultation with the 
Secretary of Health and Human Services, shall update the written 
notices required under section 606 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1166) to include an explanation of the 
full scope of the Medicare secondary payer rules under section 1862(b) 
of the Social Security Act (42 U.S.C. 1395y(b)), including how such 
rules apply with respect to COBRA continuation coverage (as defined in 
section 1837(i)(5)(D) of the Social Security Act (42 U.S.C. 
1395p(i)(5)(D))).
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