[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8217 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8217
To amend part B of title XVIII of the Social Security Act to provide
for a special enrollment period under Medicare for individuals enrolled
in COBRA continuation coverage, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2024
Mr. Smucker (for himself, Mr. Bilirakis, Mr. Walberg, Ms. Craig, Mr.
Thompson of California, and Ms. Wild) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, and Education and the
Workforce, 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 part B of title XVIII of the Social Security Act to provide
for a special enrollment period under Medicare for individuals enrolled
in COBRA continuation coverage, and for other purposes.
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 ``Medicare Enrollment Protection Act
of 2024''.
SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS TRANSITIONING FROM
COBRA CONTINUATION COVERAGE.
(a) Special Enrollment Period for Individuals Enrolled in COBRA
Continuation Coverage.--Section 1837(i) of the Social Security Act (42
U.S.C. 1395p(i)) is amended by adding at the end the following new
paragraph:
``(5)(A) In the case of an individual who--
``(i) at the time the individual first satisfies
paragraph (1) or (2) of section 1836(a), is enrolled in
COBRA continuation coverage (as defined in subparagraph
(D)); or
``(ii) is enrolled in COBRA continuation coverage
and immediately prior to such enrollment was an
individual described in paragraph (1) or (2) of this
subsection,
there shall be a special enrollment period described in
subparagraph (B).
``(B) The special enrollment period referred to in
subparagraph (A) is the period that includes--
``(i) each month during any part of which the
individual is enrolled in COBRA continuation coverage;
and
``(ii) the 3-month period beginning with the first
month following the last month during any part of which
such individual is so enrolled.
``(C) An individual may only enroll during the special
enrollment period provided under subparagraph (A) one time
during the individual's lifetime.
``(D) For purposes of this paragraph, the term `COBRA
continuation coverage' means continuation coverage beginning on
or after January 1, 2025--
``(i) under a COBRA continuation provision (as
defined in section 2791(d)(4) of the Public Health
Service Act);
``(ii) pursuant to section 8905a of title 5, United
States Code; or
``(iii) under a similar State law that provides
comparable continuation of group health plan
coverage.''.
(b) Coverage Period for Certain Eligible Individuals.--Section
1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) is amended--
(1) by striking ``pursuant to section 1837(i)(3) or
1837(i)(4)(B)'' and inserting the following: ``pursuant to--
``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving the
indentation of each such subparagraph 2 ems to the right;
(3) by striking the period at the end of subparagraph (B),
as so redesignated, and inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(2) section 1837(i)(5), the coverage period shall begin
on the first day of the month following the month in which the
individual so enrolls.''.
(c) No Increase in Premium.--Section 1839(b) of such Act (42 U.S.C.
1395r(b)) is amended--
(1) in the first sentence, by inserting ``, (i)(5)'' after
``subsection (i)(4)'';
(2) in the second sentence, by inserting before the period
at the end the following: ``or months for which the individual
can demonstrate that the individual was enrolled in COBRA
continuation coverage (as such term is defined in section
1837(i)(5)(D))''.
(d) Coordination of Benefits.--
(1) ERISA.--Section 607 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167) is amended by adding at
the end the following new paragraph:
``(6) Coordination of benefits.--Notwithstanding any other
provision of law, in the case that an individual is enrolled in
COBRA continuation coverage (as defined in section
1837(i)(5)(D) of the Social Security Act) and the individual is
eligible for but not enrolled in coverage under part B of title
XVIII of the Social Security Act, such COBRA continuation
coverage shall not reduce or terminate benefits under such
COBRA continuation coverage with respect to the individual on
the basis that the individual is eligible for coverage under
such part B or otherwise take into account such eligibility.
Such benefits under such COBRA continuation coverage shall be
provided to such an individual as if such individual were not
so eligible for coverage under such part B. Nothing in the
preceding two sentences shall require the provision of such
COBRA continuation coverage to an individual enrolled in
coverage under such part B or prohibit the termination of such
continuation coverage or reduction of benefits under such
continuation coverage in the case of an individual who enrolls
under such part B.''.
(2) PHSA.--Section 2208 of the Public Health Service Act
(42 U.S.C. 300bb-8) is amended--
(A) by striking ``definitions'' and inserting
``definitions and special rules''; and
(B) by adding at the end the following new
paragraph:
``(5) Special rule for coordination of benefits.--
Notwithstanding any other provision of law, in the case that an
individual is enrolled in COBRA continuation coverage (as
defined in section 1837(i)(5)(D) of the Social Security Act)
and the individual is eligible for but not enrolled in coverage
under part B of title XVIII of the Social Security Act, such
COBRA continuation coverage shall not reduce or terminate
benefits under such COBRA continuation coverage with respect to
the individual on the basis that the individual is eligible for
coverage under such part B or otherwise take into account such
eligibility. Such benefits under such COBRA continuation
coverage shall be provided to such an individual as if such
individual were not so eligible for coverage under such part B.
Nothing in the preceding two sentences shall require the
provision of such COBRA continuation coverage to an individual
enrolled in coverage under such part B or prohibit the
termination of such continuation coverage or reduction of
benefits under such continuation coverage in the case of an
individual who enrolls under such part B.''.
(3) IRC.--Section 4980B(g) of the Internal Revenue Code of
1986 is amended--
(A) by striking ``Definitions'' and inserting
``Definitions and Special Rules''; and
(B) by adding at the end the following new
paragraph:
``(5) Special rule for coordination of benefits.--
Notwithstanding any other provision of law, in the case that an
individual is enrolled in COBRA continuation coverage (as
defined in section 1837(i)(5)(D) of the Social Security Act)
and the individual is eligible for but not enrolled in coverage
under part B of title XVIII of the Social Security Act, such
COBRA continuation coverage shall not reduce or terminate
benefits under such COBRA continuation coverage with respect to
the individual on the basis that the individual is eligible for
coverage under such part B or otherwise take into account such
eligibility. Such benefits under such COBRA continuation
coverage shall be provided to such an individual as if such
individual were not so eligible for coverage under such part B.
Nothing in the preceding two sentences shall require the
provision of such COBRA continuation coverage to an individual
enrolled in coverage under such part B or prohibit the
termination of such continuation coverage or reduction of
benefits under such continuation coverage in the case of an
individual who enrolls under such part B.''.
(e) Updating COBRA Continuation Coverage Notifications.--Not later
than January 1, 2025, the Secretary of Labor, in consultation with the
Secretary of Health and Human Services, shall update the written
notices required under section 606 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1166) to include an explanation of the
full scope of the Medicare secondary payer rules under section 1862(b)
of the Social Security Act (42 U.S.C. 1395y(b)), including how such
rules apply with respect to COBRA continuation coverage (as defined in
section 1837(i)(5)(D) of the Social Security Act (42 U.S.C.
1395p(i)(5)(D))).
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