[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[Senate]
[Page S11451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. D'AMATO:
  S. 2551. A bill to amend title XVIII of the Social Security Act to 
permit the replacement of health insurance policies for certain 
disabled medicare beneficiaries notwithstanding that the replacement 
policies may duplicate medicare benefits; to the Committee on Finance.


                  MEDICARE ANTI-DUPLICATION AMENDMENT

  Mr. D'AMATO. Mr. President, I rise today to introduce S. 2551, the 
Medicare anti-duplication bill. This important reform legislation is a 
necessary step in improving the rights and choices that face New 
Yorkers. This amendment will in fact correct the language of title 
XVIII of the Social Security Act to correct an unintended consequence 
of the Federal Medicare anti-duplication law and permits disabled 
persons to take full advantage of the full range of choices in the 
health insurance market that are currently available for other New York 
State citizens. The very narrow legislative change I am proposing will 
allow several hundred chronically ill New York residents to choose from 
a variety of health care plans which offer identical health care 
coverage at lower prices.
  In 1995, New York enacted a ``Point of Service'' law requiring all 
HMO's in the state to offer standardized health care benefits to any 
individual who purchases coverage directly from the plan. However, some 
individuals that the New York law was intended to help were unable to 
purchases this coverage.
  The Federal Medicare anti-duplication statue prohibits insurers from 
selling coverage, other than Medicare supplement coverage, which 
duplicate benefits available under Medicare. In New York, individuals 
who were receiving Medicare benefits due to disabilities, were 
permitted to elect continued coverage of private insurance which were 
purchased prior to enrolling in Medicare. Prior to 1996 these 
individuals' choices were limited, and were essentially forced to 
continue their very expensive Commercial policies. After the ``Point of 
Service'' law was enacted, there were numerous policies available which 
provided identical benefits to the Empire policy, at more affordable 
prices.
  Those disabled Medicare subscribers enrolled in the Empire policy, 
however, were prohibited from purchasing these other less expensive 
policies as a result of the Federal anti-duplication law because the 
time to elect to continue private coverage had expired. These Disabled 
individuals numbering between 400-500, were left with essentially one 
choice, continuing a very expensive commercial policy.
  My anti-duplication amendment will ensure that the disabled New 
Yorker enrolled in medicare is available to afford a managed care 
product, and that these purchases will not be considered a 
``duplicate'' of Medicare health benefits. My bill has been drafted 
specifically to help those several hundred chronically sick individuals 
in New York, who, prior to 1996, did not have the choice to select one 
of the many policies which were subsequently required by State Law.

                          ____________________