[Congressional Record Volume 155, Number 130 (Tuesday, September 15, 2009)]
[Senate]
[Page S9373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 1669. A bill to provide all Medicare beneficiaries with the right 
to guaranteed issue of a Medicare supplemental policy; to the Committee 
on Finance.
  Mr. KERRY. Mr. President, a key component of the health reform debate 
is ensuring that all people--regardless of their health status--have 
access to comprehensive and affordable coverage options. Unfortunately, 
under current law Medicare beneficiaries are subject to discriminatory 
medical practices that deny coverage options based on their age, 
condition, or disability.
  Medigap plans provide vital assistance to Medicare beneficiaries in 
paying Medicare cost-sharing. Without supplemental coverage, the 
absence of an out-of-pocket limit in Medicare leaves beneficiaries 
vulnerable to catastrophic medical expenses.
  Unfortunately, Medicare beneficiaries with disabilities or who have 
end-stage renal disease, ESRD, do not have the same guaranteed issue 
rights as Medicare beneficiaries age 65 and older. In the absence of 
equal opportunity and access to Medigap policies at the Federal level, 
29 States have chosen to grant the same rights to disabled and ESRD 
beneficiaries that seniors currently enjoy.
  ESRD beneficiaries are also the only group of Medicare beneficiaries 
currently denied the same Medicare choices as other Medicare 
beneficiaries. They are statutorily prohibited from enrolling in 
Medicare Advantage plans.
  Today I am introducing the Equal Access to Medicare Options Act, a 
bill that improves coverage options to Medicare beneficiaries. First, 
the legislation would extend guaranteed issue of Medigap policies to 
all Medicare beneficiaries rather than limiting guaranteed issue to 
those beneficiaries who are over 65 years of age. This change will 
significantly improve coverage options and affordability for 
beneficiaries with disabilities or end-stage renal disease.
  Second, the legislation recognizes that Medicare beneficiaries need 
flexibility to adjust their coverage as changes to their plans are 
made. More specifically, the legislation would give guaranteed issue 
rights to Medicare Advantage enrollees if they decide to switch to 
traditional Medicare during an enrollment period. Today, if a Medicare 
Advantage enrollee learns of premium increases or benefit reduction in 
their plan, they have the option of returning to traditional Medicare 
but they have no assurance they can buy Medigap coverage if they do so.
  Third, the legislation would provide guaranteed issue to dual 
eligibles who lose their Medicaid coverage and find themselves in 
traditional Medicare without the cost protections of Medicaid and 
without supplemental coverage options.
  Finally, this legislation would for the first time give beneficiaries 
with end-stage renal disease the option of enrolling in Medicare 
Advantage plans.
  I would like to thank a number of organizations who have been 
integral to the development of the Equal Access to Medicare Options Act 
and who have endorsed it today, including the AARP, California Health 
Advocates, Center for Medicare Advocacy, Consortium for Citizens with 
Disabilities, Consumers Union, Dialysis Patient Citizens, Fresenius 
Medical Care, Medicare Rights Center, and the National Kidney 
Foundation.
  These reforms would ensure that all Medicare beneficiaries regardless 
of their disability or age have equal opportunity and access to 
affordable Medicare options to reduce out-of-pocket costs. I look 
forward to working with my colleagues in the Senate to achieve these 
goals in the context of health care reform.
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