[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3725 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3725

  To amend title XVIII of the Social Security Act to provide benefits 
   under the Medicare program for first responders at the age of 57.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

   Mr. Panetta (for himself and Mrs. Chavez-DeRemer) 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 amend title XVIII of the Social Security Act to provide benefits 
   under the Medicare program for first responders at the age of 57.

    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 ``First Responders' Care Expansion Act 
of 2023'' or the ``FORCE Act of 2023''.

SEC. 2. PROVIDING BENEFITS UNDER THE MEDICARE PROGRAM FOR FIRST 
              RESPONDERS AT THE AGE OF 57.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 
1395c et seq.) is amended by adding at the end the following new 
section:

               ``medicare for first responders at age 57

    ``Sec. 1899C.  (a) Option.--
            ``(1) In general.--Every individual who meets the 
        requirements described in paragraph (2) shall be eligible to 
        enroll under this section.
            ``(2) Eligibility.--The requirements described in this 
        paragraph are the following:
                    ``(A) Age.--The individual has attained 57 years of 
                age, but has not attained 65 years of age.
                    ``(B) First responder.--The individual has worked 
                for a total of 10 years or longer in any occupation (or 
                a combination of occupations) identified by any of the 
                following codes (or successor codes) under the Standard 
                Occupations Classification System established by the 
                Bureau of Labor Statistics:
                            ``(i) 33-1010.
                            ``(ii) 33-1020.
                            ``(iii) 33-2000.
                            ``(iv) 33-3000 (other than any occupations 
                        identified under code 33-3040).
                            ``(v) 33-9092.
                    ``(C) Medicare eligibility (but for age).--The 
                individual is not otherwise entitled to benefits under 
                part A or eligible to enroll under part A or part B but 
                would be so entitled (or so eligible) if the individual 
                were 65 years of age.
            ``(3) Part a, b, and d benefits and protections.--An 
        individual enrolled under this section is entitled to the same 
        benefits (and shall receive the same protections) under this 
        title as an individual who is entitled to benefits under part A 
        and enrolled under part B, including the ability to enroll in a 
        prescription drug plan under part D or a Medicare Advantage 
        plan (including such a plan that provides qualified 
        prescription drug coverage (an MA-PD plan)) and including 
        access to the Medicare Beneficiary Ombudsman under section 
        1808(c).
    ``(b) Enrollment and Coverage Periods.--
            ``(1) Enrollment.--An individual eligible to enroll under 
        this section may so enroll--
                    ``(A) during the 1-month period prior to the 
                individual becoming so eligible; or
                    ``(B) at any time while such individual is so 
                eligible.
            ``(2) Coverage.--An individual enrolled under this section 
        shall be eligible for benefits provided under this section 
        beginning with the first day of the first month beginning after 
        the date such individual so enrolls and ending on the earlier 
        of the following:
                    ``(A) The date on which such individual elects to 
                terminate enrollment under this section.
                    ``(B) The date on which such individual becomes 
                entitled to benefits under part A or eligible to enroll 
                for benefits under part B.
    ``(c) Premium.--
            ``(1) Amount of monthly premiums.--The monthly premium 
        payable for coverage for a month under this section for an 
        individual is equal to--
                    ``(A) the monthly premium that would apply to such 
                individual for such month under section 1839 if such 
                individual were enrolled under part B; plus
                    ``(B) in the case of an individual who would not be 
                entitled to benefits under part A for such month 
                pursuant to section 226 if the individual were 65 years 
                of age, the monthly premium that would apply to such 
                individual for such month under section 1818 if such 
                individual were enrolled under part A.
            ``(2) Additional premiums.--In the case of an individual 
        enrolled under this section who elects to enroll in a Medicare 
        Advantage plan under part C or a prescription drug plan under 
        part D, the provisions of such part C or such part D, as 
        applicable, relating to payment of premiums for individuals so 
        enrolled shall apply to individuals enrolled under this 
        section.
    ``(d) Payment of Premiums.--
            ``(1) Payment.--Premiums for enrollment under this section 
        shall be paid to the Secretary at such times, and in such 
        manner, as the Secretary determines appropriate.
            ``(2) Deposit.--Amounts collected by the Secretary under 
        this section shall be deposited in the Medicare First Responder 
        Trust Fund established under subsection (e).
    ``(e) Medicare First Responder Trust Fund.--
            ``(1) In general.--There is hereby created on the books of 
        the Treasury of the United States a trust fund to be known as 
        the `Medicare First Responder Trust Fund' (in this subsection 
        referred to as the `Trust Fund'). The Trust Fund shall consist 
        of such gifts and bequests as may be made as provided in 
        section 201(i)(1) and such amounts as may be deposited in, or 
        appropriated to, such fund as provided in this title.
            ``(2) Premiums.--Premiums collected under subsection (d) 
        (not including any premium payable pursuant to paragraph (2) of 
        such subsection) shall be transferred to the Trust Fund.
            ``(3) Incorporation of provisions.--Subsections (b) through 
        (i) of section 1841 shall apply with respect to the Trust Fund 
        and this title in the same manner as they apply with respect to 
        the Federal Supplementary Medical Insurance Trust Fund and part 
        B, respectively, except that in applying such section 1841, any 
        reference in such section to `this part' shall be construed to 
        be a reference to this section and any reference in section 
        1841(h) to section 1840(d) and in section 1841(i) to sections 
        1840(b)(1) and 1842(g) are deemed to be references to 
        comparable authority exercised under this section.
    ``(f) Clarification.--Nothing in this section shall affect the 
benefits or eligibility under this title of individuals who would 
otherwise be entitled to or eligible for benefits under this title or 
title XIX, or both.
    ``(g) Treatment in Relation to the Affordable Care Act.--
            ``(1) Treatment as minimum essential coverage.--For 
        purposes of applying section 5000A of the Internal Revenue Code 
        of 1986, the coverage provided through enrollment under this 
        section constitutes minimum essential coverage under subsection 
        (f)(1)(A)(i) of such section.
            ``(2) Medicaid managed care.--States are prohibited from 
        buying their Medicaid beneficiaries ages 57 to 64 who are 
        eligible to enroll under this section into Medicare under this 
        section, and individuals otherwise eligible for enrollment 
        under a State plan under title XIX are prohibited from coverage 
        under this title pursuant to enrollment under this section. The 
        preceding sentence shall not apply to Medicaid beneficiaries 
        whose Medicaid coverage or eligibility does not meet the 
        definition of minimum essential coverage under a government-
        sponsored program under section 1.5000A-2 of title 26, Code of 
        Federal Regulations (or any successor regulation).
            ``(3) Access to medigap.--Coverage provided through 
        medicare supplemental policies certified under section 1882 
        shall be made available to individuals eligible for enrollment 
        pursuant to this section for enrollment, information, 
        comparison, and otherwise as such a policy through any internet 
        website described in paragraph (2).''.
    (b) Medigap.--Section 1882 of the Social Security Act is amended by 
adding at the end the following new subsection:
    ``(aa) Development of New Standards for Certain Medicare 
Supplemental Policies Relating to First Responder Coverage.--The 
Secretary shall request the National Association of Insurance 
Commissioners to review and revise the standards for benefit packages 
described in subsection (p)(1), to otherwise update standards to 
include requirements for each medicare supplemental policy that offers 
such a policy in a State, with respect to each year, to accept every 
individual in the State who is eligible for enrollment pursuant to 
section 1899C and who applies for such coverage for such year if the 
individual applies for enrollment in such policy during the 30-day 
period following the date of enrollment pursuant to section 1899C and 
to accept every such individual during a period of transition from 
enrollment pursuant to such section to enrollment under this title 
pursuant to eligibility other than under such section. Such revisions 
shall be made consistent with the rules applicable under subsection 
(p)(1)(E) with the reference to the `1991 NAIC Model Regulation' deemed 
a reference to the NAIC Model Regulation as published in the Federal 
Register on December 4, 1998, and as subsequently updated by the 
National Association of Insurance Commissioners to reflect previous 
changes in law and the reference to `date of enactment of this 
subsection' deemed a reference to the date of enactment of this 
subsection (aa).''.
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