I 

115TH CONGRESS 

2D SESSION H. R. 5104 

To amend 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 

FEBRUARY 27, 2018 

Mr. SCHRADER (for himself, Mr. CURBELO of Florida, Mr. THOMPSON of California, and Mr. BILIRAKIS) 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 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’’. 


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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)(I) at the time the individual first sat11 isfies paragraph (1) or (2) of section 1836, is 

12 enrolled in COBRA continuation coverage (as 

13 defined in subparagraph (D)); or 

14 ‘‘(II) is enrolled in COBRA continuation 

15 coverage (and made such enrollment after at16 taining 65 years of age) and immediately prior 

17 to such enrollment was an individual described 

18 in paragraph (1) or (2) of this subsection; and 

19 ‘‘(ii) has elected not to enroll (or to be 

20 deemed enrolled) under this section during the 

21 individual’s initial enrollment period; 

22 there shall be a special enrollment period described 

23 in subparagraph (B). 

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

25 in subparagraph (A) is the period that includes each 


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1 month during any part of which the individual is en2 rolled in COBRA continuation coverage. 

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

4 special enrollment period provided under subpara5 graph (B) one time during the individual’s lifetime. 

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

7 ‘COBRA continuation coverage’ means continuation 

8 coverage— 

9 ‘‘(i) under a COBRA continuation provi10 sion (as defined in section 2791(d)(4) of the 

11 Public Health Service Act); 

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

13 United States Code; or 

14 ‘‘(iii) under a similar State program that 

15 provides comparable continuation coverage.’’. 

16 (b) COVERAGE PERIOD FOR INDIVIDUALS

17 TRANSITIONING FROM COBRA CONTINUATION COV18 ERAGE.—Section 1838(e) of the Social Security Act (42 

19 U.S.C. 1395q(e)) is amended— 

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

21 or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur22 suant to— 

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

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

25 subparagraphs (A) and (B), respectively, and movVerDate Sep 11 2014 02:02 Mar 02, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5104.IH H5104

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1 ing the indentation of each such subparagraph 2 

2 ems to the right; 

3 (3) by striking the period at the end of the sub4 paragraph (B), as so redesignated, and inserting ‘‘; 

5 or’’; and 

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

7 paragraph: 

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

9 shall begin on the first day of the month following 

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

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

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

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

14 after ‘‘subsection (i)(4)’’; and 

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

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

17 which the individual can demonstrate that the indi18 vidual was enrolled in COBRA continuation coverage 

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

20 (d) UPDATING COBRA CONTINUATION COVERAGE

21 NOTIFICATIONS.—The Secretary of Labor, in consultation 

22 with the Secretary of Health and Human Services, shall 

23 update the COBRA continuation coverage election notice 

24 and COBRA continuation coverage general notice required 

25 under section 606 of the Employee Retirement Income SeVerDate Sep 11 2014 02:02 Mar 02, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5104.IH H5104

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1 curity Act of 1974 (29 U.S.C. 1166) to be given by an 

2 employer to an employee eligible for COBRA continuation 

3 coverage to include an explanation of how the Medicare 

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

5 Security Act (42 U.S.C. 1395y(b)) apply with respect to 

6 COBRA continuation coverage. 

7 (e) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of the enactment 

9 of this Act and shall apply to periods of COBRA continu10 ation coverage beginning on or after such date. 

Æ 


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