I 

112TH CONGRESS 

1ST SESSION H. R. 1580 

To preserve Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 

3204(a) of the Patient Protection and Affordable Care Act. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. GONZALEZ (for himself, Mr. PIERLUISI, Mr. BUCHANAN, Mr. ALTMIRE, 

Mr. DAVIS of Kentucky, Mr. HANNA, Mr. BURGESS, Ms. RICHARDSON, 

Mr. CUELLAR, Mr. KIND, Mrs. MCMORRIS RODGERS, Mr. SESSIONS, Mr. 

KELLY, Mr. CRITZ, Mr. AUSTRIA, Mr. SHUSTER, Ms. JACKSON LEE of 

Texas, Mr. RENACCI, Mr. SHULER, Mr. GUTHRIE, Ms. HAYWORTH, Mr. 

SHIMKUS, Mr. BILBRAY, Mr. HALL, Mr. MEEHAN, Mr. CANSECO, Mr. 

ALEXANDER, Mr. PAUL, Mr. HINOJOSA, and Mr. BRADY of Texas) 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 preserve Medicare beneficiary choice by restoring and 

expanding the Medicare open enrollment and 

disenrollment opportunities repealed by section 3204(a) 

of the Patient Protection and Affordable Care Act. 

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


pwalker on DSKD5P82C1PROD with BILLS
2 

•HR 1580 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Medicare Beneficiary 

3 Preservation of Choice Act of 2011’’. 

4 SEC. 2. PRESERVATION OF MEDICARE BENEFICIARY 

5 CHOICE UNDER MEDICARE ADVANTAGE. 

6 (a) IN GENERAL.—Section 1851(e)(2) of the Social 

7 Security Act (42 U.S.C. 1395w–21(e)(2)) is amended by 

8 amending subparagraph (C), as amended by section 

9 3204(a) of the Patient Protection and Affordable Care Act 

10 (Public Law 111–148), to read as follows: 

11 ‘‘(C) CONTINUOUS OPEN ENROLLMENT

12 AND DISENROLLMENT FOR FIRST 3 MONTHS IN

13 SUBSEQUENT YEARS.— 

14 ‘‘(i) IN GENERAL.—Subject to clause 

15 (ii) and subparagraph (D), at any time 

16 during the first 3 months of a year, or, if 

17 the individual first becomes a Medicare 

18 Advantage eligible individual during a 

19 year, during the first 3 months of such 

20 year in which the individual is a Medicare 

21 Advantage eligible individual, a Medicare 

22 Advantage eligible individual may change 

23 the election under subsection (a)(1). 

24 ‘‘(ii) LIMITATION OF ONE CHANGE

25 DURING OPEN ENROLLMENT PERIOD EACH

26 YEAR.—An individual may exercise the 


pwalker on DSKD5P82C1PROD with BILLS
3 

•HR 1580 IH

1 right under clause (i) only once during the 

2 applicable 3-month period described in 

3 such clause in each year. The limitation 

4 under this clause shall not apply to 

5 changes in elections effected during an an6 nual, coordinated election period under 

7 paragraph (3) or during a special enroll8 ment period under paragraph (4). 

9 ‘‘(iii) LIMITED APPLICATION TO PART

10 D.—The previous provisions of this sub11 paragraph shall only apply with respect to 

12 changes in enrollment in a prescription 

13 drug plan under part D in the case of an 

14 individual who, previous to such change in 

15 enrollment, is enrolled in a Medicare Ad16 vantage plan.’’. 

17 (b) CONFORMING AMENDMENT.—Section 1860D– 

18 1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w– 

19 101(b)(1)(B)(iii)) is amended by striking ‘‘, (C),’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to 2012 and suc22 ceeding years. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS