United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 1996_register executive 2010-09-24 article Rules and Regulations D09002ee1be03a838 D09002ee1be03a8ce United States Department of Health and Human Services originator org United States Government Agency or Subagency United States Health Care Financing Administration originator org United States Government Agency or Subagency These rules provide an additional way for certain disabled individuals under age 65 to qualify for special enrollment periods (SEPs); extend from 1991 through 1998 the period during which certain disabled individuals under age 65 who are covered under large group health plans (LGHPs) may qualify for SEPs; and make clear that a second 24-month waiting period is not required for disability-based reentitlement if the current impairment is the same as, or directly related to, the impairment on which the previous period of entitlement was based. The changes made by these rules conform the HCFA regulations to certain provisions of the Omnibus Budget Reconciliation Acts of 1987, 1989, 1990, and 1993 (commonly referred to as OBRA '87, OBRA '89, OBRA '90, and OBRA '93, respectively), and the Social Security Act (SSA) Amendments of 1994 (Pub. L. 103-432). In OBRA '93, Congress amended section 1862(b) of the Social Security Act (the Act), to extend through September 30, 1998 the Medicare Secondary Payer (MSP) provisions for disabled beneficiaries. Congress did not make a conforming amendment to section 1837(i) of the Act, which authorizes SEPs for disabled beneficiaries who stop working. However, the SSA Amendments of 1994 made the conforming change to section 1837(i), retroactive to the OBRA '93 effective date. The purpose of the special enrollment period amendments is to ensure that a disabled individual under age 65 who meets the conditions for enrollment in Medicare Part B will be able to enroll as soon as his or her group health plan coverage based on current employment ends; and to extend until September 30, 1998 the protection afforded by the special enrollment periods to disabled individuals covered under LGHPs. 61 FR 40343 https://www.govinfo.gov/app/details/FR-1996-08-02/96-19558 96-19558 fr02au96-16 RIN 0938-AH33 4120-01-P BPD-752-FC https://www.govinfo.gov/app/details/FR-1996-08-02/96-19558 https://www.govinfo.gov/content/pkg/FR-1996-08-02/html/96-19558.htm https://www.govinfo.gov/content/pkg/FR-1996-08-02/pdf/96-19558.pdf 5 p. 40343 40347 61 FR 40343 Title 42 Part 406 42 CFR Part 406 Title 42 Part 407 42 CFR Part 407 Title 42 Part 408 42 CFR Part 408 Title 42 Part 416 42 CFR Part 416 RIN 0938-AH33 Medicare Program: Special Enrollment Periods and Waiting Period; Federal Register Vol. 61, Issue RULE 96-19558 DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Care Financing Administration 1996-09-03 BPD-752-FC 4120-01-P 96-19558 Final rules with comment period.

These rules provide an additional way for certain disabled individuals under age 65 to qualify for special enrollment periods (SEPs); extend from 1991 through 1998 the period during which certain disabled individuals under age 65 who are covered under large group health plans (LGHPs) may qualify for SEPs; and make clear that a second 24-month waiting period is not required for disability-based reentitlement if the current impairment is the same as, or directly related to, the impairment on which the previous period of entitlement was based. The changes made by these rules conform the HCFA regulations to certain provisions of the Omnibus Budget Reconciliation Acts of 1987, 1989, 1990, and 1993 (commonly referred to as OBRA '87, OBRA '89, OBRA '90, and OBRA '93, respectively), and the Social Security Act (SSA) Amendments of 1994 (Pub. L. 103-432). In OBRA '93, Congress amended section 1862(b) of the Social Security Act (the Act), to extend through September 30, 1998 the Medicare Secondary Payer (MSP) provisions for disabled beneficiaries. Congress did not make a conforming amendment to section 1837(i) of the Act, which authorizes SEPs for disabled beneficiaries who stop working. However, the SSA Amendments of 1994 made the conforming change to section 1837(i), retroactive to the OBRA '93 effective date. The purpose of the special enrollment period amendments is to ensure that a disabled individual under age 65 who meets the conditions for enrollment in Medicare Part B will be able to enroll as soon as his or her group health plan coverage based on current employment ends; and to extend until September 30, 1998 the protection afforded by the special enrollment periods to disabled individuals covered under LGHPs.

Effective date: These rules are effective on September 3, 1996. Margaret Jefferson, (410) 786-4482. Vol. 61, no. 150 Office of the Federal Register, National Archives and Records Administration 1996-08-02 continuing daily deposited born digital 225 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-1996-08-02 P0b002ee180a1e0d4 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr02au96 https://www.govinfo.gov/app/details/FR-1996-08-02 https://www.govinfo.gov/content/pkg/FR-1996-08-02/pdf/FR-1996-08-02.pdf fdlp 40289 40504 DGPO 2010-09-24 2023-05-06 FR-1996-08-02 machine generated eng FR FR-1996-08-02 61 150