I 

114TH CONGRESS 

1ST SESSION H. R. 2488 

To preserve Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 

3204(a) of the Patient Protection and Affordable Care Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2015 

Mr. ROTHFUS (for himself, Mr. SCHRADER, Mr. BRADY of Texas, and Mrs. 

BROOKS of Indiana) 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 preserve Medicare beneficiary choice by restoring and 

expanding the Medicare open enrollment and 

disenrollment opportunities repealed by section 3204(a) 

of the Patient Protection and Affordable Care Act. 

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 ‘‘Medicare Beneficiary 

5 Preservation of Choice Act of 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 2488 IH

1 SEC. 2. PRESERVATION OF MEDICARE BENEFICIARY 

2 CHOICE UNDER MEDICARE ADVANTAGE. 

3 Section 1851(e)(2) of the Social Security Act (42 

4 U.S.C. 1395w–21(e)(2)) is amended— 

5 (1) in subparagraph (C)— 

6 (A) in the heading, by inserting ‘‘FROM

7 2011 THROUGH 2015’’ after ‘‘45-DAY PERIOD’’; 

8 and 

9 (B) by inserting ‘‘and ending with 2015’’ 

10 after ‘‘beginning with 2011’’; and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(G) CONTINUOUS OPEN ENROLLMENT

14 AND DISENROLLMENT FOR FIRST 3 MONTHS IN

15 2016 AND SUBSEQUENT YEARS.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii) and subparagraph (D), at any time 

18 during the first 3 months of a year (begin19 ning with 2016), or, if the individual first 

20 becomes a Medicare Advantage eligible in21 dividual during a year (beginning with 

22 2016), during the first 3 months of such 

23 year in which the individual is a Medicare 

24 Advantage eligible individual, a Medicare 

25 Advantage eligible individual may change 

26 the election under subsection (a)(1). 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 2488 IH

1 ‘‘(ii) LIMITATION OF ONE CHANGE

2 DURING OPEN ENROLLMENT PERIOD EACH

3 YEAR.—An individual may change the elec4 tion pursuant to clause (i) only once dur5 ing the applicable 3-month period de6 scribed in such clause in each year. The 

7 limitation under this clause shall not apply 

8 to changes in elections effected during an 

9 annual, coordinated election period under 

10 paragraph (3) or during a special enroll11 ment period under paragraph (4). 

12 ‘‘(iii) LIMITED APPLICATION TO PART

13 D.—Clauses (i) and (ii) of this subpara14 graph shall only apply with respect to 

15 changes in enrollment in a prescription 

16 drug plan under part D in the case of an 

17 individual who, previous to such change in 

18 enrollment, is enrolled in a Medicare Ad19 vantage plan. 

20 ‘‘(iv) LIMITATIONS ON MARKETING.— 

21 Pursuant to subsection (j), no unsolicited 

22 marketing or marketing materials may be 

23 sent to an individual described in clause (i) 

24 during the continuous open enrollment and 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 2488 IH

1 disenrollment period established for the in2 dividual under such clause.’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS