II

103D CONGRESS

2D SESSION S. 2149

To amend title XVIII of the Social Security Act to establish a special

enrollment period under part B of the medicare program for certain

military retirees and dependents living near military bases that are closed

and to provide for the payment by the Department of Defense of the

late enrollment penalty imposed on such enrollment, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 25 (legislative day, MAY 16), 1994

Mr. COHEN introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend title XVIII of the Social Security Act to establish

a special enrollment period under part B of the medicare

program for certain military retirees and dependents living near military bases that are closed and to provide

for the payment by the Department of Defense of the

late enrollment penalty imposed on such enrollment, 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,
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1 SECTION 1. ESTABLISHMENT OF MEDICARE SPECIAL EN2 ROLLMENT PERIOD FOR CERTAIN MILITARY

3 RETIREES AND DEPENDENTS AND PAYMENT

4 OF LATE ENROLLMENT PENALTY BY DEPART5 MENT OF DEFENSE.

6 (a) SPECIAL ENROLLMENT PERIOD.—Section 1837

7 of the Social Security Act (42 U.S.C. 1395p) is amended

8 by adding at the end the following new subsection:

9 ‘‘(j) In the case of an individual described in section

10 1839(g)(2), there shall be a 90-day special enrollment pe11 riod—

12 ‘‘(1) beginning 45 days before the scheduled

13 date of the closure of the individual’s military treat14 ment facility (as defined in section 1839(g)(3)(C)),

15 or

16 ‘‘(2) in the case of a military treatment facility

17 that closed prior to January 1, 1995, beginning Jan18 uary 1, 1995.’’.

19 (b) COVERAGE PERIOD FOR SPECIAL ENROLL20 MENTS.—Section 1838 of the Social Security Act (42

21 U.S.C. 1395q) is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(f) Notwithstanding subsection (a), in the case of

24 an individual who enrolls during a special enrollment pe25 riod pursuant to section 1837(j), the coverage period shall
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1 begin on the first day of the month that begins at least

2 15 days after the date of such enrollment.’’.

3 (c) PAYMENT BY DEPARTMENT OF DEFENSE OF

4 MEDICARE PART B LATE ENROLLMENT PENALTY.—Sec5 tion 1839 of the Social Security Act (42 U.S.C. 1395r)

6 is amended by adding at the end the following new sub7 section:

8 ‘‘(g)(1) The increase in premiums under subsection

9 (b) due to late enrollment under this part by an individual

10 described in paragraph (2) who enrolls under this program

11 during a special enrollment period provided under section

12 1837(j) shall be paid by the Secretary of the military de13 partment concerned.

14 ‘‘(2) An individual described in this paragraph is an

15 individual who, as of the date of the announcement of the

16 closure of the individual’s military treatment facility—

17 ‘‘(A) is 65 years of age or older;

18 ‘‘(B) is eligible for health care under section

19 1074(b) or 1076(b) of title 10, United States Code;

20 ‘‘(C) has never, since attaining the age of 65,

21 been enrolled under this part; and

22 ‘‘(D) has continuously maintained a primary

23 residence within 65 miles of a military treatment fa24 cility since attaining the age of 65.

25 ‘‘(3) For purposes of this subsection:
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1 ‘‘(A) The date of the announcement of the clo2 sure of a military treatment facility is the date of

3 the submission to Congress under a base closure law

4 of a report recommending the closure of the military

5 base at which the facility is located.

6 ‘‘(B) The term ‘base closure law’ has the mean7 ing given such term in section 2825(d) of the Na8 tional Defense Authorization Act for Fiscal Years

9 1992 and 1993 (10 U.S.C. 2687 note).

10 ‘‘(C) The term ‘closure of the individual’s mili11 tary treatment facility’ means, with respect to an in12 dividual, the closure under a base closure law of the

13 last military treatment facility within 65 miles of the

14 primary residence of the individual.

15 ‘‘(D) The term ‘military treatment facility’

16 means a facility of a uniformed service referred to

17 in section 1074(a) of title 10, United States Code,

18 in which health care is provided.’’.

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