I 

116TH CONGRESS 

2D SESSION H. R. 8181 

To amend title XVIII to provide for certain Medigap coverage for Medicare 

beneficiaries with end-stage renal disease, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2020 

Mrs. AXNE introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committee on Energy and 

Commerce, 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 to provide for certain Medigap coverage for Medicare beneficiaries with end-stage renal disease, 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 ‘‘Jack Reynold’s Mem5 ory MediGap Expansion’’. 


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1 SEC. 2. MEDIGAP COVERAGE FOR BENEFICIARIES WITH 

2 END-STAGE RENAL DISEASE. 

3 (a) GUARANTEED AVAILABILITY OF MEDIGAP POLI4 CIES TO ALL ESRD MEDICARE BENEFICIARIES.— 

5 (1) IN GENERAL.—Section 1882(s) of the So6 cial Security Act (42 U.S.C. 1395ss(s)) is amend7 ed— 

8 (A) in paragraph (2)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘is 65’’ and all that follows through the 

11 period at the end and inserting the fol12 lowing: ‘‘is— 

13 ‘‘(i) 65 years of age or older and is 

14 enrolled for benefits under part B; or 

15 ‘‘(ii) is entitled to benefits under 

16 226A(b) and is enrolled for benefits under 

17 part B.’’; and 

18 (ii) in subparagraph (D), in the mat19 ter preceding clause (i), by inserting ‘‘(or 

20 is entitled to benefits under 226A(b))’’ 

21 after ‘‘is 65 years of age or older’’; and 

22 (B) in paragraph (3)(B)— 

23 (i) in clause (ii), by inserting ‘‘(or is 

24 entitled to benefits under 226A(b))’’ after 

25 is 65 years of age or older; and 


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1 (ii) in clause (vi), by inserting ‘‘(or 

2 under 226A(b))’’ after ‘‘at age 65’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by paragraph (1) shall apply to Medicare supple5 mental policies effective on or after January 1, 

6 2022. 

7 (b) ADDITIONAL ENROLLMENT PERIOD FOR CER8 TAIN INDIVIDUALS.— 

9 (1) ONE-TIME ENROLLMENT PERIOD.— 

10 (A) IN GENERAL.—In the case of an indi11 vidual described in paragraph (2), the Secretary 

12 of Health and Human Services shall establish a 

13 one-time enrollment period during which such 

14 an individual may enroll in any Medicare sup15 plemental policy under section 1882 of the So16 cial Security Act (42 U.S.C. 1395ss) of the in17 dividual’s choosing. 

18 (B) ENROLLMENT PERIOD.—The enroll19 ment period established under subparagraph 

20 (A) shall begin on January 1, 2022, and shall 

21 end June 30, 2022. 

22 (2) INDIVIDUAL DESCRIBED.—An individual de23 scribed in this paragraph is an individual who— 

24 (A) is entitled to hospital insurance bene25 fits under part A of title XVIII of the Social 


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1 Security Act under section 226A(b) of such Act 

2 (42 U.S.C. 426–1(b)); 

3 (B) is enrolled for benefits under part B of 

4 such title XVIII; and 

5 (C) would not, but for the provisions of, 

6 and amendments made by, subsection (a) be eli7 gible for the guaranteed issue of a Medicare 

8 supplemental policy under paragraph (2) or (3) 

9 of section 1882(s) of such Act (42 U.S.C. 

10 1395ss(s)). 

11 SEC. 3. ALLOWING INDIVIDUALS WITH KIDNEY FAILURE TO 

12 RETAIN ACCESS TO PRIVATE INSURANCE. 

13 (a) IN GENERAL.—Section 1862(b)(1)(C) of the So14 cial Security Act (42 U.S.C. 1395y(b)(1)(C)) is amend15 ed— 

16 (1) in the last sentence, by inserting ‘‘and be17 fore January 1, 2021’’ after ‘‘prior to such date’’; 

18 and 

19 (2) by adding at the end the following new sen20 tence: ‘‘Effective for items and services furnished on 

21 or after January 1, 2021 (with respect to periods 

22 beginning on or after the date that is 42 months 

23 prior to such date), clauses (i) and (ii) shall be ap24 plied by substituting ‘42-month’ for ‘12-month’ each 

25 place it appears.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this subsection shall take effect on the date of enactment 

3 of this Act. For purposes of determining an individual’s 

4 status under section 1862(b)(1)(C) of the Social Security 

5 Act (42 U.S.C. 1395y(b)(1)(C)), as amended by sub6 section (a), an individual who is within the coordinating 

7 period as of the date of enactment of this Act shall have 

8 that period extended to the full 42 months described in 

9 the last sentence of such section, as added by the amend10 ment made by subsection (a)(2). 

Æ 


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