I 

113TH CONGRESS 

1ST SESSION H. R. 670 

To amend part B of the title XVIII of the Social Security Act to apply 

deemed enrollment to residents of Puerto Rico and to provide a special 

enrollment period and a reduction in the late enrollment penalties for 

certain residents of Puerto Rico. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Mr. PIERLUISI (for himself, Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. GRAYSON, Mr. GRIJALVA, Ms. BORDALLO, Mr. FALEOMAVAEGA, Mrs. 

CHRISTENSEN, Mr. SERRANO, Ms. VELA ́ZQUEZ, 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 part B of the title XVIII of the Social Security 

Act to apply deemed enrollment to residents of Puerto 

Rico and to provide a special enrollment period and 

a reduction in the late enrollment penalties for certain 

residents of Puerto Rico. 

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 ‘‘Puerto Rico Medicare 

3 Part B Equity Act of 2013’’. 

4 SEC. 2. APPLICATION OF PART B DEEMED ENROLLMENT 

5 PROCESS TO RESIDENTS OF PUERTO RICO; 

6 SPECIAL ENROLLMENT PERIOD AND LIMIT 

7 ON LATE ENROLLMENT PENALTIES. 

8 (a) APPLICATION OF PART B DEEMED ENROLLMENT

9 PROCESS TO RESIDENTS OF PUERTO RICO.—Section 

10 1837(f)(3) of the Social Security Act (42 U.S.C. 

11 1395p(f)(3)) is amended by striking ‘‘, exclusive of Puerto 

12 Rico’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall apply to individuals whose initial en15 rollment period under section 1837(d) of the Social Secu16 rity Act begins on or after the first day of the effective 

17 month, specified by the Secretary of Health and Human 

18 Services under section 1839(j)(1)(C) of such Act, as added 

19 by subsection (c)(2). 

20 (c) TRANSITION PROVIDING SPECIAL ENROLLMENT

21 PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES

22 FOR CERTAIN MEDICARE BENEFICIARIES.—Section 1839 

23 of the Social Security Act (42 U.S.C. 1395r) is amend24 ed— 


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1 (1) in the first sentence of subsection (b), by in2 serting ‘‘subject to section 1839(j)(2),’’ after ‘‘sub3 section (i)(4) or (l) of section 1837,’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS OF

7 PUERTO RICO.— 

8 ‘‘(1) SPECIAL ENROLLMENT PERIOD, COVERAGE

9 PERIOD FOR RESIDENTS WHO ARE ELIGIBLE BUT

10 NOT ENROLLED.— 

11 ‘‘(A) IN GENERAL.—In the case of a tran12 sition individual (as defined in paragraph (3)) 

13 who is not enrolled under this part as of the 

14 day before the first day of the effective month 

15 (as defined in subparagraph (C)), the Secretary 

16 shall provide for a special enrollment period 

17 under section 1837 of 7 months beginning with 

18 such effective month during which the indi19 vidual may be enrolled under this part. 

20 ‘‘(B) COVERAGE PERIOD.—In the case of 

21 such an individual who enrolls during such spe22 cial enrollment period, the coverage period 

23 under section 1838 shall begin on the first day 

24 of the second month after the month in which 

25 the individual enrolls. 


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1 ‘‘(C) EFFECTIVE MONTH DEFINED.—In 

2 this section, the term ‘effective month’ means a 

3 month, not earlier than October 2014 and not 

4 later than January 2015, specified by the Sec5 retary. 

6 ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN7 ALTIES FOR CURRENT ENROLLEES AND INDIVID8 UALS ENROLLING DURING TRANSITION.— 

9 ‘‘(A) IN GENERAL.—In the case of a tran10 sition individual who is enrolled under this part 

11 as of the day before the first day of the effec12 tive month or who enrolls under this part on or 

13 after the date of the enactment of this sub14 section but before the end of the special enroll15 ment period under paragraph (1)(A), the 

16 amount of the late enrollment penalty imposed 

17 under section 1839(b) shall be recalculated by 

18 reducing the penalty to 15 percent of the pen19 alty otherwise established. 

20 ‘‘(B) APPLICATION.—Subparagraph (A) 

21 shall be applied in the case of a transition indi22 vidual who— 

23 ‘‘(i) is enrolled under this part as of 

24 the month before the effective month, for 


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1 premiums for months beginning with such 

2 effective month; or 

3 ‘‘(ii) enrolls under this part on or 

4 after the date of the enactment of this Act 

5 and before the end of the special enroll6 ment period under paragraph (1)(A), for 

7 premiums for months during the coverage 

8 period under this part which occur during 

9 or after the effective month. 

10 ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL

11 TERMINATES ENROLLMENT.—Subparagraph 

12 (A) shall not apply to a transition individual if 

13 the individual terminates enrollment under this 

14 part after the end of the special enrollment pe15 riod under paragraph (1). 

16 ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In 

17 this section, the term ‘transition individual’ means 

18 an individual who resides in Puerto Rico and who 

19 would have been deemed enrolled under this part 

20 pursuant to section 1837(f) before the first day of 

21 the effective month but for the fact that the indi22 vidual was a resident of Puerto Rico, regardless of 

23 whether the individual is enrolled under this part as 

24 of such first day.’’. 

Æ 


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