I 

111TH CONGRESS 

1ST SESSION H. R. 2235 

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 

MAY 4, 2009 

Mr. FRANK of Massachusetts 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. 

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


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1 SECTION 1. LIMITING MEDICARE PART B LATE ENROLL2 MENT PENALTY TO 10 PERCENT AND TWICE 

3 THE PERIOD OF NO ENROLLMENT. 

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

5 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

6 is amended by striking ‘‘10 percent of the monthly pre7 mium so determined for each full 12 months’’ and insert8 ing ‘‘10 percent of the monthly premium so determined 

9 for premiums paid during a period equal to twice the num10 ber of months in each of the full periods of 12 months’’. 

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

12 1818(c)(6) of such Act (42 U.S.C. 1395i–2(c)(6)) is 

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

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

15 the number of months in the full 12-month periods de16 scribed in that section and’’. 

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

18 1395i–2(g)(2)(B)) is amended by striking ‘‘by sub19 stituting’’ and all that follows and inserting the following: 

20 ‘‘by substituting ‘section 1818 (without any increase re21 sulting from the application of section 1839(b) to such 

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

23 subsection (b) thereof)’.’’. 

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

25 by this section shall apply to premiums paid for months 


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

2 on the date of the enactment of this Act. 

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

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

5 in which an individual was or is required to pay an in6 creased premium shall be taken into account in deter7 mining the month in which the premium will no longer 

8 be subject to an increase. 

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

10 COVERAGE FROM MEDICARE PART B LATE 

11 ENROLLMENT PENALTY. 

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

13 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

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

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

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. 

20 SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 

21 WHOSE COBRA OR RETIREE COVERAGE TER22 MINATES. 

23 (a) IN GENERAL.—Section 1837(i) of the Social Se24 curity Act (42 U.S.C. 1395p(i)) is amended— 


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

2 striking ‘‘by reason of the individual’s (or the indi3 vidual’s spouse’s) current employment status’’ in 

4 subparagraph (A); 

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

6 striking ‘‘by reason of the individual’s (or the indi7 vidual’s spouse’s) current employment status’’ each 

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

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

10 of current employment status’’. 

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

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

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

14 on the date of the enactment of this Act. 

Æ 


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