I 

111TH CONGRESS 

2D SESSION H. R. 4473 

To amend title XVIII of the Social Security Act to establish an extended 

special enrollment period for individuals to enroll in part B of Medicare. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2010 

Mr. SCHRADER introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, 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 establish 

an extended special enrollment period for individuals to 

enroll in part B of Medicare. 

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 Medicare Pro5 tection Act of 2010’’. 


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1 SEC. 2. MEDICARE PART B EXTENDED SPECIAL ENROLL2 MENT PERIOD. 

3 (a) IN GENERAL.—Section 1837(i) of the Social Se4 curity Act (42 U.S.C. 1395p(i)) is amended by adding at 

5 the end the following new paragraph: 

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

7 ‘‘(i) at the time the individual first satisfies 

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

9 a group health plan described in section 

10 1862(b)(1)(A)(v) by reason of the individual’s (or 

11 the individual’s spouse’s) current employment sta12 tus, 

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

14 enrolled) under this section during the individual’s 

15 initial enrollment period, and 

16 ‘‘(iii) has not elected to enroll pursuant to the 

17 special enrollment period under paragraph (3), 

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

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

21 to in subparagraph (A) is the 24-month period beginning 

22 on the first day of the month following the end of the spe23 cial enrollment period described in paragraph (3).’’. 

24 (b) COVERAGE PERIOD.—Section 1838(a)(2) of such 

25 Act (42 U.S.C. 1395q(a)(2)) is amended— 


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1 (1) in subparagraph (E), by striking the semi2 colon and inserting a comma; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(F) In the case of an individual who en6 rolls pursuant to subsection (i)(5) of section 

7 1837, the first day of the month following the 

8 month in which he so enrolls; or’’. 

9 (c) AMOUNT OF PREMIUM.—Section 1839 of such 

10 Act (42 U.S.C. 1395r) is amended— 

11 (1) in subsection (a)(2), by striking ‘‘and (i)’’ 

12 and inserting ‘‘(i), and (j)’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(j) TEMPORARY INCREASE IN PREMIUM BASED ON

16 ENROLLMENT PURSUANT TO EXTENDED SPECIAL EN17 ROLLMENT PERIOD.— 

18 ‘‘(1) IN GENERAL.—In the case of an individual 

19 whose coverage period began pursuant to an ex20 tended special enrollment period under section 

21 1837(i)(5), the monthly premium determined under 

22 subsection (a), adjusted in accordance with sub23 section (i), shall be increased by 25 percent of the 

24 monthly premium (as so adjusted) for months de25 scribed in paragraph (2). 


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1 ‘‘(2) APPLICATION OF PREMIUM.—In the case 

2 that an individual enrolls pursuant to the extended 

3 special enrollment period described in subsection 

4 (i)(5) of section 1837— 

5 ‘‘(A) during a general enrollment period 

6 described in subsection (e) of such section, the 

7 premium increase under paragraph (1) shall 

8 apply to months before the month of July fol9 lowing the date of enrollment; or 

10 ‘‘(B) other than during such general en11 rollment period, such premium increase shall 

12 apply to months before the month of July in 

13 the calendar year following the year of enroll14 ment. 

15 ‘‘(3) REDUCTION OR WAIVER OF TEMPORARY

16 INCREASE IN PREMIUM.—The Secretary may reduce 

17 or waive the premium increase under paragraph (1) 

18 for an individual described in such paragraph if it 

19 can be demonstrated to the satisfaction of the Sec20 retary that such individual made a good faith effort 

21 to enroll during a special enrollment period (of 

22 which such individual was eligible to enroll) under 

23 section 1837(i)(3).’’. 

24 (d) TRANSITION RULE.—In the case of an individual 

25 who had a special enrollment period under paragraph (3) 


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1 of section 1837(i) of the Social Security Act (42 U.S.C. 

2 1395p(i)) that ended within the 24-month period ending 

3 on the date of the enactment of this section and who did 

4 not enroll under part B of title XVIII of such Act during 

5 or after such period and before the date of the enactment 

6 of this section, the individual shall have an extended spe7 cial enrollment period under paragraph (5) of such section 

8 1837(i) during the 24-month period beginning on the first 

9 day of the first month beginning after such date of enact10 ment. 

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

12 this section shall take effect on the first day of the first 

13 month beginning more than 120 days after the date of 

14 enactment of this section. 

Æ 


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