I 

111TH CONGRESS 

2D SESSION H. R. 6502 

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Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 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

DECEMBER 8, 2010 

Mr. GONZALEZ 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disenrollment opportunities repealed by section 3204(a) 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 2010’’. 


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1 SEC. 2. PRESERVATION OF MEDICARE BENEFICIARY 

2 CHOICE UNDER MEDICARE ADVANTAGE. 

3 (a) IN GENERAL.—Section 1851(e)(2) of the Social 

4 Security Act (42 U.S.C. 1395w–21(e)(2)) is amended by 

5 amending subparagraph (C), as amended by section 

6 3204(a) of the Patient Protection and Affordable Care Act 

7 (Public Law 111–148), to read as follows: 

8 ‘‘(C) CONTINUOUS OPEN ENROLLMENT

9 AND DISENROLLMENT FOR FIRST 3 MONTHS IN

10 SUBSEQUENT YEARS.— 

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

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

13 during the first 3 months of a year, or, if 

14 the individual first becomes a Medicare 

15 Advantage eligible individual during a 

16 year, during the first 3 months of such 

17 year in which the individual is a Medicare 

18 Advantage eligible individual, a Medicare 

19 Advantage eligible individual may change 

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

21 ‘‘(ii) LIMITATION OF ONE CHANGE

22 DURING OPEN ENROLLMENT PERIOD EACH

23 YEAR.—An individual may exercise the 

24 right under clause (i) only once during the 

25 applicable 3-month period described in 

26 such clause in each year. The limitation 


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1 under this clause shall not apply to 

2 changes in elections effected during an an3 nual, coordinated election period under 

4 paragraph (3) or during a special enroll5 ment period under paragraph (4). 

6 ‘‘(iii) LIMITED APPLICATION TO PART

7 D.—The previous provisions of this sub8 paragraph shall only apply with respect to 

9 changes in enrollment in a prescription 

10 drug plan under part D in the case of an 

11 individual who, previous to such change in 

12 enrollment, is enrolled in a Medicare Ad13 vantage plan.’’. 

14 (b) CONFORMING AMENDMENT.—Section 1860D– 

15 1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w– 

16 101(b)(1)(B)(iii)) is amended by striking ‘‘, (C),’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to 2011 and suc19 ceeding years. 

Æ 


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