I 

113TH CONGRESS 

1ST SESSION H. R. 3512 

To amend title XVIII of the Social Security Act to facilitate the transition 

to Medicare for individuals enrolled in group health plans, to establish 

a 3-month open enrollment period under Medicare Advantage, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2013 

Mr. HECK of Nevada 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 of the Social Security Act to facilitate 

the transition to Medicare for individuals enrolled in 

group health plans, to establish a 3-month open enrollment period under Medicare Advantage, 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 ‘‘Seniors’ Health Care 

5 Choice Act of 2013’’. 


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1 SEC. 2. FACILITATING TRANSITION TO MEDICARE FOR IN2 DIVIDUALS ENROLLED IN GROUP HEALTH 

3 PLANS. 

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 satisfies 

11 paragraph (1) or (2) of section 1836, is enrolled in 

12 COBRA continuation coverage (as defined in sub13 paragraph (D)); and 

14 ‘‘(ii) has elected not to enroll (or to be deemed 

15 enrolled) under this section during the individual’s 

16 initial enrollment period; 

17 there shall be a special enrollment period described in sub18 paragraph (B). 

19 ‘‘(B) The special enrollment period referred to in sub20 paragraph (A) is the period that includes each month dur21 ing any part of which the individual is enrolled in COBRA 

22 continuation coverage. 

23 ‘‘(C) An individual may only enroll during the special 

24 enrollment period provided under subparagraph (B) one 

25 time during the individual’s lifetime. 


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

2 ‘COBRA continuation coverage’ means continuation cov3 erage— 

4 ‘‘(i) under a COBRA continuation provision (as 

5 defined in section 2791(d)(4) of the Public Health 

6 Service Act); 

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

8 United States Code; or 

9 ‘‘(iii) under a similar State program.’’. 

10 (b) COVERAGE PERIOD FOR INDIVIDUALS

11 TRANSITIONING FROM COBRA CONTINUATION COV12 ERAGE.—Section 1838(e) of the Social Security Act (42 

13 U.S.C. 1395q(e)) is amended— 

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

15 or 1837(i)(4)(B)’’ and inserting the following: 

16 ‘‘pursuant to— 

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

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

19 subparagraphs (A) and (B), respectively, and mov20 ing the indentation of each such subparagraph 2 

21 ems to the right; 

22 (3) by striking the period at the end of the sub23 paragraph (B), as so redesignated, and inserting ‘‘; 

24 or’’; and 


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

2 paragraph: 

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

4 shall begin on the first day of the month following 

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

6 SEC. 3. 3-MONTH OPEN ENROLLMENT PERIOD FOR MEDI7 CARE ADVANTAGE. 

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

9 Security Act (42 U.S.C. 1395w–1(e)(2)) is amended— 

10 (1) in subparagraph (C), by inserting ‘‘and end11 ing with 2013’’ after ‘‘(beginning with 2011’’; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(F) CONTINUOUS OPEN ENROLLMENT

15 AND DISENROLLMENT FOR FIRST 3 MONTHS IN

16 SUBSEQUENT YEARS.—Subject to subparagraph 

17 (D), at any time during the first 3 months of 

18 a year (beginning with 2014), or, if the indi19 vidual first becomes a Medicare Advantage eli20 gible individual during a year after 2014, dur21 ing the first 3 months of such year in which the 

22 individual is a Medicare Advantage eligible indi23 vidual, a Medicare Advantage eligible individual 

24 may change the election under subsection 

25 (a)(1).’’. 


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1 (b) CONFORMING AMENDMENT.—Section 

2 1851(e)(2)(B)(i) of the Social Security Act (42 U.S.C. 

3 1395w–21(e)(2)(B)(i)) is amended by striking ‘‘, subpara4 graph(C)(iii),’’. 

Æ 


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