I

106TH CONGRESS

1ST SESSION H. R. 743

To provide for certain military retirees and dependents 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

FEBRUARY 11, 1999

Mr. SCARBOROUGH (for himself and Mrs. THURMAN) 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 provide for certain military retirees and dependents 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 ‘‘Military Retirees’

5 Medicare Equity Act of 1999’’.
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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 MILITARY

5 RETIREES AND DEPENDENTS.

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)), 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 6 months and shall begin with the first

16 month that begins at least 45 days after the date of

17 the enactment of this Act.

18 (2) COVERAGE PERIOD.—In the case of an eli19 gible individual who enrolls during the special enroll20 ment period provided under paragraph (1), the cov21 erage period under part B of title XVIII of the So22 cial Security Act shall begin on the first day of the

23 month following the month in which the individual

24 enrolls.

25 (3) WAIVER OF PART B LATE ENROLLMENT

26 PENALTY.—In the case of an eligible individual who
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1 enrolls during the special enrollment period provided

2 under paragraph (1), there shall be no increase pur3 suant to section 1839(b) of the Social Security Act

4 (42 U.S.C. 1395r(b)) in the monthly premium under

5 part B of title XVIII of such Act.

6 (b) MEDIGAP SPECIAL OPEN ENROLLMENT PE7 RIOD.—Notwithstanding any other provision of law, an

8 issuer of a Medicare supplemental policy (as defined in

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

10 1395ss(g))—

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

12 effectiveness of a Medicare supplemental policy; and

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

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

15 medical condition (including both physical and men16 tal illnesses), claims experience, receipt of health

17 care, medical history, genetic information, evidence

18 of insurability (including conditions arising out of

19 acts of domestic violence), or disability;

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

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

22 (c) ELIGIBLE INDIVIDUAL DEFINED.—In this sec23 tion, the term ‘‘eligible individual’’ means an individual—

24 (1) who, as of the date of the enactment of this

25 Act, has attained 65 years of age and was eligible
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1 to enroll under part B of title XVIII of the Social

2 Security Act, and

3 (2) who at the time the individual first satisfied

4 paragraph (1) or (2) of section 1836 of the Social

5 Security Act (42 U.S.C. 1395o)—

6 (A) was a covered beneficiary (as defined

7 in section 1072(5) of title 10, United States

8 Code), and

9 (B) did not elect to enroll (or to be deemed

10 enrolled) under section 1837 of the Social Secu11 rity Act (42 U.S.C. 1395p) during the individ12 ual’s initial enrollment period.

13 The Secretary of Health and Human Services shall con14 sult with the Secretary of Defense in the identification of

15 eligible individuals.

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