I 

110TH CONGRESS 

1ST SESSION H. R. 2591 

To amend part B of title XVIII of the Social Security Act to limit the 

penalty for late enrollment under part B of the Medicare Program 

to 10 percent and twice the period of no enrollment, and to exclude 

periods of COBRA and retiree coverage from such late enrollment penalty. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2007 

Mr. FRANK of Massachusetts (for himself, Mr. DELAHUNT, Mr. GOODE, Mr. 

BRADY of Pennsylvania, Mr. WALSH of New York, Ms. SCHAKOWSKY, 

Mr. GORDON of Tennessee, Ms. HIRONO, Mr. NEAL of Massachusetts, 

Mr. GRIJALVA, Mr. CAPUANO, Mr. FARR, Mr. MCGOVERN, Mr. HINCHEY, Mr. ABERCROMBIE, Mr. RODRIGUEZ, Mr. MURPHY of Connecticut, 

Mr. CUMMINGS, Mr. MARKEY, Mr. COHEN, Mr. LOEBSACK, Mrs. 

TAUSCHER, Mr. LINCOLN DAVIS of Tennessee, Mr. PAYNE, and Mr. 

GONZALEZ) introduced the following bill; which was referred to the Committee on Energy and 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 part B of title XVIII of the Social Security 

Act to limit the penalty for late enrollment under part 

B of the Medicare Program to 10 percent and twice 

the period of no enrollment, and to exclude periods of 

COBRA and retiree coverage from such late enrollment 

penalty. 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 2591 IH

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

3 SECTION 1. LIMITING MEDICARE PART B LATE ENROLL4 MENT PENALTY TO 10 PERCENT AND TWICE 

5 THE PERIOD OF NO ENROLLMENT. 

6 (a) IN GENERAL.—The first sentence of section 

7 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

8 is amended by striking ‘‘10 percent of the monthly pre9 mium so determined for each full 10 months’’ and insert10 ing ‘‘10 percent of the monthly premium so determined 

11 for premiums paid during a period equal to twice the num12 ber of months in each of the full periods of 12 months’’. 

13 (b) CONFORMING AMENDMENTS.—(1) Section 

14 1818(c)(6) of such Act (42 U.S.C. 1395i–2(c)(6)) is 

15 amended by striking ‘‘may not exceed 10 percent and shall 

16 only apply to premiums paid during a period equal to twice 

17 the number of months in the full 12-month periods de18 scribed in that section and’’. 

19 (2) Section 1818(g)(2)(B) of such Act (42 U.S.C. 

20 1395i–2(g)(2)(B)) is amended by striking ‘‘by sub21 stituting’’ and all that follows and inserting the following: 

22 ‘‘by substituting ‘section 1818 (without any increase re23 sulting from the application of section 1839(b) to such 

24 section)’ for ‘section 1839 (without any increase under 

25 subsection (b) thereof)’.’’. 


hsrobinson on PROD1PC76 with BILLS
3 

•HR 2591 IH

1 (c) EFFECTIVE DATE.—(1) The amendments made 

2 by this section shall apply to premiums paid for months 

3 beginning after the end of the 90-day period beginning 

4 on the date of the enactment of this Act. 

5 (2) In applying these amendments, months (before, 

6 during, or after the month in which this Act is enacted) 

7 in which an individual was or is required to pay an in8 creased premium shall be taken into account in deter9 mining the month in which the premium will no longer 

10 be subject to an increase. 

11 SEC. 2. EXCLUSION OF PERIODS OF COBRA AND RETIREE 

12 COVERAGE FROM MEDICARE PART B LATE 

13 ENROLLMENT PENALTY. 

14 (a) IN GENERAL.—The second sentence of section 

15 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

16 is amended by striking ‘‘by reason of the individual’s (or 

17 the individual’s spouse’s) current employment’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall apply to premiums paid for months 

20 beginning after the end of the 90-day period beginning 

21 on the date of the enactment of this Act. 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 2591 IH

1 SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 

2 WHOSE COBRA OR RETIREE COVERAGE TER3 MINATES. 

4 (a) IN GENERAL.—Section 1837(i) of the Social Se5 curity Act (42 U.S.C. 1395p(i)) is amended— 

6 (1) in the first sentence of paragraph (1), by 

7 striking ‘‘by reason of the individual’s (or the indi8 vidual’s spouse’s) current employment status’’ in 

9 subparagraph (A); 

10 (2) in the first sentence of paragraph (2) by 

11 striking ‘‘by reason of the individual’s (or the indi12 vidual’s spouse’s) current employment status’’ each 

13 place it appears in subparagraphs (B) and (C); and 

14 (3) in paragraph (3)(A) by striking ‘‘by reason 

15 of current employment status’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply to premiums paid for months 

18 beginning after the end of the 90-day period beginning 

19 on the date of the enactment of this Act. 

Æ 


hsrobinson on PROD1PC76 with BILLS