I 

118TH CONGRESS 

2D SESSION H. R. 8217 

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

for a special enrollment period under Medicare for individuals enrolled 

in COBRA continuation coverage, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2024 

Mr. SMUCKER (for himself, Mr. BILIRAKIS, Mr. WALBERG, Ms. CRAIG, Mr. 

THOMPSON of California, and Ms. WILD) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Ways and Means, and Education and the 

Workforce, 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 provide for a special enrollment period under 

Medicare for individuals enrolled in COBRA continuation 

coverage, and for other purposes. 

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 Enrollment 

5 Protection Act of 2024’’. 


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1 SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS 

2 TRANSITIONING FROM COBRA CONTINU3 ATION COVERAGE. 

4 (a) SPECIAL ENROLLMENT PERIOD FOR INDIVID5 UALS ENROLLED IN COBRA CONTINUATION COV6 ERAGE.—Section 1837(i) of the Social Security Act (42 

7 U.S.C. 1395p(i)) is amended by adding at the end the fol8 lowing new paragraph: 

9 ‘‘(5)(A) In the case of an individual who— 

10 ‘‘(i) at the time the individual first satis11 fies paragraph (1) or (2) of section 1836(a), is 

12 enrolled in COBRA continuation coverage (as 

13 defined in subparagraph (D)); or 

14 ‘‘(ii) is enrolled in COBRA continuation 

15 coverage and immediately prior to such enroll16 ment was an individual described in paragraph 

17 (1) or (2) of this subsection, 

18 there shall be a special enrollment period de19 scribed in subparagraph (B). 

20 ‘‘(B) The special enrollment period referred to 

21 in subparagraph (A) is the period that includes— 

22 ‘‘(i) each month during any part of which 

23 the individual is enrolled in COBRA continu24 ation coverage; and 


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1 ‘‘(ii) the 3-month period beginning with 

2 the first month following the last month during 

3 any part of which such individual is so enrolled. 

4 ‘‘(C) An individual may only enroll during the 

5 special enrollment period provided under subpara6 graph (A) one time during the individual’s lifetime. 

7 ‘‘(D) For purposes of this paragraph, the term 

8 ‘COBRA continuation coverage’ means continuation 

9 coverage beginning on or after January 1, 2025— 

10 ‘‘(i) under a COBRA continuation provi11 sion (as defined in section 2791(d)(4) of the 

12 Public Health Service Act); 

13 ‘‘(ii) pursuant to section 8905a of title 5, 

14 United States Code; or 

15 ‘‘(iii) under a similar State law that pro16 vides comparable continuation of group health 

17 plan coverage.’’. 

18 (b) COVERAGE PERIOD FOR CERTAIN ELIGIBLE IN19 DIVIDUALS.—Section 1838(e) of the Social Security Act 

20 (42 U.S.C. 1395q(e)) is amended— 

21 (1) by striking ‘‘pursuant to section 1837(i)(3) 

22 or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur23 suant to— 

24 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 


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•HR 8217 IH

1 (2) by redesignating paragraphs (1) and (2) as 

2 subparagraphs (A) and (B), respectively, and mov3 ing the indentation of each such subparagraph 2 

4 ems to the right; 

5 (3) by striking the period at the end of sub6 paragraph (B), as so redesignated, and inserting ‘‘; 

7 or’’; and 

8 (4) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) section 1837(i)(5), the coverage period 

11 shall begin on the first day of the month following 

12 the month in which the individual so enrolls.’’. 

13 (c) NO INCREASE IN PREMIUM.—Section 1839(b) of 

14 such Act (42 U.S.C. 1395r(b)) is amended— 

15 (1) in the first sentence, by inserting ‘‘, (i)(5)’’ 

16 after ‘‘subsection (i)(4)’’; 

17 (2) in the second sentence, by inserting before 

18 the period at the end the following: ‘‘or months for 

19 which the individual can demonstrate that the indi20 vidual was enrolled in COBRA continuation coverage 

21 (as such term is defined in section 1837(i)(5)(D))’’. 

22 (d) COORDINATION OF BENEFITS.— 

23 (1) ERISA.—Section 607 of the Employee Re24 tirement Income Security Act of 1974 (29 U.S.C. 


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•HR 8217 IH

1 1167) is amended by adding at the end the following 

2 new paragraph: 

3 ‘‘(6) COORDINATION OF BENEFITS.—Notwith4 standing any other provision of law, in the case that 

5 an individual is enrolled in COBRA continuation 

6 coverage (as defined in section 1837(i)(5)(D) of the 

7 Social Security Act) and the individual is eligible for 

8 but not enrolled in coverage under part B of title 

9 XVIII of the Social Security Act, such COBRA con10 tinuation coverage shall not reduce or terminate ben11 efits under such COBRA continuation coverage with 

12 respect to the individual on the basis that the indi13 vidual is eligible for coverage under such part B or 

14 otherwise take into account such eligibility. Such 

15 benefits under such COBRA continuation coverage 

16 shall be provided to such an individual as if such in17 dividual were not so eligible for coverage under such 

18 part B. Nothing in the preceding two sentences shall 

19 require the provision of such COBRA continuation 

20 coverage to an individual enrolled in coverage under 

21 such part B or prohibit the termination of such con22 tinuation coverage or reduction of benefits under 

23 such continuation coverage in the case of an indi24 vidual who enrolls under such part B.’’. 


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•HR 8217 IH

1 (2) PHSA.—Section 2208 of the Public Health 

2 Service Act (42 U.S.C. 300bb–8) is amended— 

3 (A) by striking ‘‘DEFINITIONS’’ and in4 serting ‘‘DEFINITIONS AND SPECIAL

5 RULES’’; and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(5) SPECIAL RULE FOR COORDINATION OF

9 BENEFITS.—Notwithstanding any other provision of 

10 law, in the case that an individual is enrolled in 

11 COBRA continuation coverage (as defined in section 

12 1837(i)(5)(D) of the Social Security Act) and the in13 dividual is eligible for but not enrolled in coverage 

14 under part B of title XVIII of the Social Security 

15 Act, such COBRA continuation coverage shall not 

16 reduce or terminate benefits under such COBRA 

17 continuation coverage with respect to the individual 

18 on the basis that the individual is eligible for cov19 erage under such part B or otherwise take into ac20 count such eligibility. Such benefits under such 

21 COBRA continuation coverage shall be provided to 

22 such an individual as if such individual were not so 

23 eligible for coverage under such part B. Nothing in 

24 the preceding two sentences shall require the provi25 sion of such COBRA continuation coverage to an inVerDate Sep 11 2014 04:07 Jun 07, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8217.IH H8217

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1 dividual enrolled in coverage under such part B or 

2 prohibit the termination of such continuation cov3 erage or reduction of benefits under such continu4 ation coverage in the case of an individual who en5 rolls under such part B.’’. 

6 (3) IRC.—Section 4980B(g) of the Internal 

7 Revenue Code of 1986 is amended— 

8 (A) by striking ‘‘DEFINITIONS’’ and insert9 ing ‘‘DEFINITIONS AND SPECIAL RULES’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) SPECIAL RULE FOR COORDINATION OF

13 BENEFITS.—Notwithstanding any other provision of 

14 law, in the case that an individual is enrolled in 

15 COBRA continuation coverage (as defined in section 

16 1837(i)(5)(D) of the Social Security Act) and the in17 dividual is eligible for but not enrolled in coverage 

18 under part B of title XVIII of the Social Security 

19 Act, such COBRA continuation coverage shall not 

20 reduce or terminate benefits under such COBRA 

21 continuation coverage with respect to the individual 

22 on the basis that the individual is eligible for cov23 erage under such part B or otherwise take into ac24 count such eligibility. Such benefits under such 

25 COBRA continuation coverage shall be provided to 


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1 such an individual as if such individual were not so 

2 eligible for coverage under such part B. Nothing in 

3 the preceding two sentences shall require the provi4 sion of such COBRA continuation coverage to an in5 dividual enrolled in coverage under such part B or 

6 prohibit the termination of such continuation cov7 erage or reduction of benefits under such continu8 ation coverage in the case of an individual who en9 rolls under such part B.’’. 

10 (e) UPDATING COBRA CONTINUATION COVERAGE

11 NOTIFICATIONS.—Not later than January 1, 2025, the 

12 Secretary of Labor, in consultation with the Secretary of 

13 Health and Human Services, shall update the written no14 tices required under section 606 of the Employee Retire15 ment Income Security Act of 1974 (29 U.S.C. 1166) to 

16 include an explanation of the full scope of the Medicare 

17 secondary payer rules under section 1862(b) of the Social 

18 Security Act (42 U.S.C. 1395y(b)), including how such 

19 rules apply with respect to COBRA continuation coverage 

20 (as defined in section 1837(i)(5)(D) of the Social Security 

21 Act (42 U.S.C. 1395p(i)(5)(D))). 

Æ 


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