[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3675 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3675

 To amend title XVIII of the Social Security Act to establish a system 
        to notify individuals approaching Medicare eligibility.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2022

   Mr. Casey (for himself, Mr. Young, Ms. Stabenow, Ms. Collins, Ms. 
    Sinema, Mr. Scott of South Carolina, Mr. Brown, and Ms. Smith) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to establish a system 
        to notify individuals approaching Medicare eligibility.

    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 ``Beneficiary Enrollment Notification 
and Eligibility Simplification 2.0 Act'' or the ``BENES 2.0 Act''.

SEC. 2. BENEFICIARY ENROLLMENT NOTIFICATION AND ELIGIBILITY 
              SIMPLIFICATION.

    (a) Eligibility and Enrollment Notices.--
            (1) As part of social security account statement for 
        individuals attaining ages 60 to 65.--
                    (A) In general.--Section 1143(a) of the Social 
                Security Act (42 U.S.C. 1320b-13(a)) is amended by 
                adding at the end the following new paragraph:
            ``(4) Medicare eligibility information.--
                    ``(A) In general.--In the case of statements 
                provided on or after the date that is 2 years after the 
                date of the enactment of this paragraph to individuals 
                who are attaining ages 60, 61, 62, 63, 64 and 65, the 
                statement shall also include a notice containing the 
                information described in subparagraph (B).
                    ``(B) Contents of notice.--The notice required 
                under subparagraph (A) shall include a clear, simple 
                explanation of--
                            ``(i) eligibility for benefits under the 
                        Medicare program under title XVIII, and in 
                        particular benefits under part B of such title;
                            ``(ii) the reasons a late enrollment 
                        penalty for failure to timely enroll could be 
                        assessed and how such late enrollment penalty 
                        is calculated, in particular for benefits under 
                        such part B;
                            ``(iii) the availability of relief from 
                        such late enrollment penalty and retroactive 
                        enrollment under section 1837(h) (including as 
                        such section is applied under sections 1818(c) 
                        and 1818A(c)(3)), with examples of 
                        circumstances under which such relief may be 
                        granted and examples of circumstances under 
                        which such relief would not be granted;
                            ``(iv) coordination of benefits (including 
                        primary and secondary coverage scenarios) 
                        pursuant to section 1862(b), in particular for 
                        benefits under such part B;
                            ``(v) enrollment, eligibility, and 
                        coordination of benefits under title XVIII with 
                        respect to populations, for whom there are 
                        special considerations, such as residents of 
                        Puerto Rico and veterans; and
                            ``(vi) online resources and toll-free 
                        telephone numbers of the Social Security 
                        Administration and the Centers for Medicare & 
                        Medicaid Services (including 1-800-MEDICARE and 
                        the national toll-free number of the Social 
                        Security Administration) that provide 
                        information on eligibility for benefits under 
                        the Medicare program under title XVIII.
                    ``(C) Development of notice.--
                            ``(i) In general.--The Secretary, in 
                        coordination with the Commissioner of Social 
                        Security, and taking into consideration 
                        information collected pursuant to clause (ii), 
                        shall, not later than 12 months after the last 
                        day of the period for the request of 
                        information described in clause (ii), develop 
                        the notice to be provided pursuant to 
                        subparagraph (A).
                            ``(ii) Request for information.--Not later 
                        than 6 months after the date of the enactment 
                        of this paragraph, the Secretary shall request 
                        written information, including recommendations, 
                        from stakeholders (including the groups 
                        described in subparagraph (D)) on the 
                        information to be included in the notice.
                            ``(iii) Notice improvement.--Beginning 4 
                        years after the date of the enactment of this 
                        paragraph, and not less than once every 2 years 
                        thereafter, the Secretary, in coordination with 
                        the Commissioner of Social Security, shall--
                                    ``(I) review the content of the 
                                notice to be provided under 
                                subparagraph (A);
                                    ``(II) request written information, 
                                including recommendations, on such 
                                notice through a request for 
                                information process as described in 
                                clause (ii); and
                                    ``(III) update and revise such 
                                notice as the Secretary deems 
                                appropriate.
                    ``(D) Groups.--For purposes of subparagraph 
                (C)(ii), the groups described in this subparagraph 
                include the following:
                            ``(i) Individuals who are 60 years of age 
                        or older.
                            ``(ii) Veterans.
                            ``(iii) Individuals with disabilities.
                            ``(iv) Individuals with end stage renal 
                        disease.
                            ``(v) Low-income individuals and families.
                            ``(vi) Employers (including human resources 
                        professionals).
                            ``(vii) States (including representatives 
                        of State-run Health Insurance Exchanges, 
                        Medicaid offices, and Departments of 
                        Insurance).
                            ``(viii) State Health Insurance Assistance 
                        Programs.
                            ``(ix) Health insurers.
                            ``(x) Health insurance agents and brokers.
                            ``(xi) Such other groups as specified by 
                        the Secretary.
                    ``(E) Posting of notice on websites.--The 
                Commissioner of Social Security and the Secretary shall 
                post the notice required under subparagraph (A) on the 
                public internet website of the Social Security 
                Administration and on Medicare.gov (or a successor 
                website), respectively.
                    ``(F) No effect on obligation to mail statements.--
                Nothing in this paragraph shall be construed to relieve 
                the Commissioner of Social Security from any 
                requirement under subsection (c), including the 
                requirement to mail a statement on an annual basis to 
                each eligible individual who is not receiving benefits 
                under title II and for whom a mailing address can be 
                determined through such methods as the Commissioner 
                determines to be appropriate.''.
                    (B) Timing of statements.--Section 1143(c)(2) of 
                the Social Security Act (42 U.S.C. 1320b-13(c)(2)) is 
                amended by adding at the end the following new 
                sentence: ``With respect to statements provided to 
                individuals who are attaining age 65, as described in 
                subsection (a)(4), such statements shall be mailed not 
                earlier than 6 months and not later than 3 months 
                before the individual attains such age.''.
            (2) Social security beneficiaries.--Title XI of the Social 
        Security Act (42 U.S.C. 1301 et seq.) is amended by inserting 
        after section 1144 the following new section:

``SEC. 1144A. MEDICARE ENROLLMENT NOTIFICATION AND ELIGIBILITY NOTICES 
              FOR SOCIAL SECURITY BENEFICIARIES PRIOR TO MEDICARE 
              ELIGIBILITY.

    ``(a) Notices.--
            ``(1) In general.--The Commissioner of Social Security 
        shall distribute the notice to be provided pursuant to section 
        1143(a)(4), as may be modified under paragraph (2), to 
        individuals entitled to monthly insurance benefits under title 
        II in accordance with subsection (b).
            ``(2) Authority to modify notice.--The Secretary, in 
        coordination with the Commissioner of Social Security, may 
        modify the notice to be distributed under paragraph (1) as 
        necessary to take into account the individuals described in 
        such paragraph.
            ``(3) Posting of notice on websites.--The Commissioner of 
        Social Security and the Secretary shall post the notice 
        required to be distributed under paragraph (1) on the public 
        internet website of the Social Security Administration and on 
        Medicare.gov (or a successor website), respectively.
    ``(b) Timing.--Beginning not later than 2 years after the date of 
the enactment of this section, a notice required under subsection 
(a)(1) shall be mailed to an individual described in such subsection--
            ``(1) in the third month before the date on which such 
        individual's initial enrollment period begins as provided under 
        section 1837; and
            ``(2) in the case of an individual with respect to whom 
        section 226(b) applies (except for an individual who will 
        attain age 65 during the 24 month period described in such 
        section), in the month before such date on which such 
        individual's initial enrollment period so begins.''.
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