I

106TH CONGRESS

2D SESSION H. R. 5197

To amend title XVIII of the Social Security Act to provide certain medicare

beneficiaries living abroad a special Medicare part B enrollment period

during which the late enrollment penalty is waived and a special Medigap

open enrollment period during which no underwriting is permitted.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 2000

Mr. ANDREWS 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 title XVIII of the Social Security Act to provide

certain medicare beneficiaries living abroad a special

Medicare part B enrollment period during which the

late enrollment penalty is waived and a special Medigap

open enrollment period during which no underwriting

is permitted.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Medicare Welcome

5 Back Act of 2000’’.
2

•HR 5197 IH

1 SEC. 2. MEDICARE PART B SPECIAL ENROLLMENT PERIOD

2 AND WAIVER OF PART B LATE ENROLLMENT

3 PENALTY AND MEDIGAP SPECIAL OPEN EN4 ROLLMENT PERIOD FOR CERTAIN INDIVID5 UALS RESIDING ABROAD.

6 (a) MEDICARE PART B SPECIAL ENROLLMENT PE7 RIOD; WAIVER OF PART B PENALTY FOR LATE ENROLL8 MENT.—

9 (1) IN GENERAL.—In the case of any eligible

10 individual (as defined in subsection (c)(1)), the Sec11 retary of Health and Human Services shall provide

12 for a special enrollment period during which the in13 dividual may enroll under part B of title XVIII of

14 the Social Security Act. Such period shall be for a

15 period of 8 months and shall begin with the first

16 month that begins on or after the date the eligible

17 individual first resides in the United States after the

18 time described in subsection (c)(1)(B).

19 (2) COVERAGE PERIOD.—In the case of an eli20 gible individual who enrolls during the special enroll21 ment period provided under paragraph (1), the cov22 erage period under part B of title XVIII of the So23 cial Security Act shall begin on the first day of the

24 month following the month in which the individual

25 enrolls.
3

•HR 5197 IH

1 (3) WAIVER OF PART B LATE ENROLLMENT

2 PENALTY.—In the case of an eligible individual who

3 enrolls during the special enrollment period provided

4 under paragraph (1), there shall be no increase pur5 suant to section 1839(b) of the Social Security Act

6 (42 U.S.C. 1395r(b)) in the monthly premium under

7 part B of title XVIII of such Act.

8 (b) MEDIGAP SPECIAL OPEN ENROLLMENT PE9 RIOD.—Notwithstanding any other provision of law, an

10 issuer of a medicare supplemental policy (as defined in

11 section 1882(g) of the Social Security Act (42 U.S.C.

12 1395ss(g))—

13 (1) may not deny or condition the issuance or

14 effectiveness of a medicare supplemental policy; and

15 (2) may not discriminate in the pricing of the

16 policy on the basis of the individual’s health status,

17 medical condition (including both physical and men18 tal illnesses), claims experience, receipt of health

19 care, medical history, genetic information, evidence

20 of insurability (including conditions arising out of

21 acts of domestic violence), or disability;

22 in the case of an eligible individual who seeks to enroll

23 during the 6-month period described in subsection (a)(1).

24 (c) DEFINITIONS.—In this section:
4

•HR 5197 IH

1 (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible

2 individual’’ means an individual—

3 (A) who, as of the date of the enactment

4 of this Act, has attained 65 years of age and

5 was eligible to enroll under part B of title

6 XVIII of the Social Security Act, and

7 (B) who at the time the individual first

8 satisfied paragraph (1) or (2) of section 1836

9 of the Social Security Act (42 U.S.C. 1395o)—

10 (i) was not residing in a State (as de11 termined by the Secretary of Health and

12 Human Services for purposes of such sec13 tion 1836), and

14 (ii) did not elect to enroll (or to be

15 deemed enrolled) under section 1837 of the

16 Social Security Act (42 U.S.C. 1395p)

17 during the individual’s initial enrollment

18 period.

19 (2) STATE.—The term ‘‘State’’ has the mean20 ing given that term in section 410(5) of the Social

21 Security Act (42 U.S.C. 610(5)), and includes the

22 Commonwealth of the Northern Marianas and the

23 Trust Territory of the Pacific Islands.

Æ