I 

118TH CONGRESS 

1ST SESSION H. R. 6490 

To amend title XVIII of the Social Security Act to limit the penalty for 

late enrollment under part B of the Medicare Program to 15 percent 

and twice the period of no enrollment, and to exclude periods of COBRA, 

retiree, and VA coverage from such late enrollment penalty. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 28, 2023 

Ms. PORTER (for herself, Mrs. KIM of California, Ms. BARRAGA ́N, Mr. 

FITZPATRICK, Mr. PANETTA, Ms. DEAN of Pennsylvania, and Ms. NORTON) 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 limit 

the penalty for late enrollment under part B of the 

Medicare Program to 15 percent and twice the period 

of no enrollment, and to exclude periods of COBRA, 

retiree, and VA coverage from such late enrollment penalty. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Security Solutions Act’’. 

4 SEC. 2. LIMITING MEDICARE PART B LATE ENROLLMENT 

5 PENALTY TO 15 PERCENT AND TWICE THE 

6 PERIOD OF NO ENROLLMENT. 

7 (a) IN GENERAL.—The first sentence of section 

8 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

9 is amended by striking ‘‘10 percent of the monthly pre10 mium so determined for each full 12 months’’ and insert11 ing ‘‘15 percent of the monthly premium so determined 

12 for premiums paid during a period equal to twice the num13 ber of months in each of the full periods of 12 months’’. 

14 (b) CONFORMING AMENDMENTS.—Section 1818 of 

15 the Social Security Act (42 U.S.C. 1395i–2) is amended— 

16 (1) in subsection (c)(6), by striking ‘‘and shall 

17 only apply to premiums paid during a period equal 

18 to twice the number of months in the full 12-month 

19 periods described in that section and’’; and 

20 (2) in subsection (g)(2)(B), by striking ‘‘by sub21 stituting’’ and all that follows and inserting the fol22 lowing: ‘‘by substituting ‘section 1818 (without any 

23 increase resulting from the application of section 

24 1839(b) to such section 1818)’ for ‘section 1839 

25 (without any increase under subsection (b) there26 of)’.’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendments made by 

3 this section shall apply to premiums paid for months 

4 beginning after the end of the 90-day period begin5 ning on the date of the enactment of this Act. 

6 (2) CLARIFICATION.—In applying these amend7 ments, months (before, during, or after the month in 

8 which this Act is enacted) in which an individual 

9 was or is required to pay an increased premium shall 

10 be taken into account in determining the month in 

11 which the premium will no longer be subject to an 

12 increase. 

13 SEC. 3. EXCLUSION OF PERIODS OF COBRA, RETIREE, AND 

14 VA COVERAGE FROM MEDICARE PART B 

15 LATE ENROLLMENT PENALTY. 

16 (a) IN GENERAL.—The second sentence of section 

17 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

18 is amended— 

19 (1) by striking ‘‘by reason of the individual’s 

20 (or the individual’s spouse’s) current employment’’; 

21 and 

22 (2) by inserting ‘‘or months for which the indi23 vidual can demonstrate that the individual had cov24 erage under chapter 17 of title 38, United States 

25 Code’’ before the period at the end. 


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

2 subsection (a) shall apply to premiums paid for months 

3 beginning after the end of the 90-day period beginning 

4 on the date of the enactment of this Act. 

5 SEC. 4. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 

6 WHOSE COBRA OR RETIREE COVERAGE TER7 MINATES. 

8 (a) IN GENERAL.—Section 1837(i) of the Social Se9 curity Act (42 U.S.C. 1395p(i)) is amended— 

10 (1) in the first sentence of paragraph (1), by 

11 striking ‘‘by reason of the individual’s (or the indi12 vidual’s spouse’s) current employment status’’ in 

13 subparagraph (A); 

14 (2) in the first sentence of paragraph (2) by 

15 striking ‘‘by reason of the individual’s (or the indi16 vidual’s spouse’s) current employment status’’ each 

17 place it appears in subparagraphs (B) and (C); and 

18 (3) in paragraph (3)(A) by striking ‘‘by reason 

19 of current employment status’’. 

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

21 subsection (a) shall apply to terminations of coverage oc22 curring after the end of the 90-day period beginning on 

23 the date of the enactment of this Act. 

Æ 


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