I

104TH CONGRESS

1ST SESSION H. R. 2729

To amend the Social Security Act to provide for the waiver of the Medicare

part B late enrollment penalty and the establishment of a special enrollment period for certain military retirees and their dependents.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 6, 1995

Mr. MATSUI (for himself, Mr. STARK, Mr. SERRANO, Ms. PELOSI, Mr. ACKERMAN, Mr. FROST, Mr. FATTAH, Mr. ROSE, Mrs. THURMAN, Mr. FILNER,

Ms. BROWN of Florida, Mr. PICKETT, Mr. SCOTT, Mr. GENE GREEN of

Texas, Mr. BARCIA, Mr. JOHNSTON of Florida, and Mr. FAZIO of California) introduced the following bill; which was referred to the Committee

on Commerce, and in addition to the Committee on Ways and Means,

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 the Social Security Act to provide for the waiver

of the Medicare part B late enrollment penalty and the

establishment of a special enrollment period for certain

military retirees and their dependents.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2729 IH

1 SECTION 1. WAIVER OF MEDICARE PART B LATE ENROLL2 MENT PENALTY AND ESTABLISHMENT OF

3 SPECIAL ENROLLMENT PERIOD FOR CER4 TAIN MILITARY RETIREES AND DEPENDENTS.

5 Section 1837 of the Social Security Act (42 U.S.C.

6 1395p) is amended by adding at the end the following new

7 subsection:

8 ‘‘(j)(1) The Secretary shall make special provisions

9 for the enrollment of an individual who is a covered bene10 ficiary under chapter 55 of title 10, United States Code,

11 and who is affected adversely by the closure of a military

12 medical treatment facility of the Department of Defense

13 pursuant to a closure or realignment of a military installa14 tion.

15 ‘‘(2) The special enrollment provisions required by

16 paragraph (1) shall be established in regulations issued

17 by the Secretary. The regulations shall—

18 ‘‘(A) identify individuals covered by paragraph

19 (1) in accordance with regulations providing for such

20 identification that are prescribed by the Secretary of

21 Defense;

22 ‘‘(B) provide for a special enrollment period of

23 at least 90 days to be scheduled at some time proxi24 mate to the date on which the military medical

25 treatment facility involved is scheduled to be closed;

26 and
3

•HR 2729 IH

1 ‘‘(C) provide that, with respect to individuals

2 who enroll pursuant to paragraph (1), the increase

3 in premiums under section 1839(b) due to late en4 rollment under this part shall not apply.

5 ‘‘(3) For purposes of this subsection—

6 ‘‘(A) the term ‘covered beneficiary’ has the

7 meaning given such term in section 1072(5) of title

8 10, United States Code;

9 ‘‘(B) the term ‘military medical treatment facil10 ity’ means a facility of a uniformed service referred

11 to in section 1074(a) of title 10, United States Code,

12 in which health care is provided; and

13 ‘‘(C) the terms ‘military installation’ and ‘re14 alignment’ have the meanings given such terms—

15 ‘‘(i) in section 209 of the Defense Author16 ization Amendments and Base Closure and Re17 alignment Act (10 U.S.C. 2687 note), in the

18 case of a closure or realignment under title II

19 of such Act;

20 ‘‘(ii) in section 2910 of the Defense Base

21 Closure and Realignment Act of 1990 (title

22 XXIX of Public Law 101–510; 10 U.S.C. 2687

23 note), in the case of a closure or realignment

24 under such Act; or
4

•HR 2729 IH

1 ‘‘(iii) in subsection (e) of section 2687 of

2 title 10, United States Code, in the case of a

3 closure or realignment under such section.’’.

Æ