I 

116TH CONGRESS 

1ST SESSION H. R. 1788 

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 

MARCH 14, 2019 

Ms. HILL of California (for herself, Mr. NADLER, Mr. GARAMENDI, Ms. NORTON, Ms. BROWNLEY of California, Mrs. TRAHAN, Mr. PERLMUTTER, 

Mr. COX of California, Ms. SCHAKOWSKY, Mr. ROUDA, Ms. LOFGREN, 

Ms. KUSTER of New Hampshire, Ms. UNDERWOOD, Mr. ROSE of New 

York, and Mr. BABIN) 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. LIMITING MEDICARE PART B LATE ENROLL2 MENT PENALTY TO 15 PERCENT AND TWICE 

3 THE PERIOD OF NO ENROLLMENT. 

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

5 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

6 is amended by striking ‘‘10 percent of the monthly pre7 mium so determined for each full 12 months’’ and insert8 ing ‘‘15 percent of the monthly premium so determined 

9 for premiums paid during a period equal to twice the num10 ber of months in each of the full periods of 12 months’’. 

11 (b) CONFORMING AMENDMENTS.—Section 1818 of 

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

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

14 only apply to premiums paid during a period equal 

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

16 periods described in that section and’’; and 

17 (2) in subsection (g)(2)(B), by striking ‘‘by sub18 stituting’’ and all that follows and inserting the fol19 lowing: ‘‘by substituting ‘section 1818 (without any 

20 increase resulting from the application of section 

21 1839(b) to such section 1818)’ for ‘section 1839 

22 (without any increase under subsection (b) there23 of)’.’’. 

24 (c) EFFECTIVE DATE.— 

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

26 this section shall apply to premiums paid for months 


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1 beginning after the end of the 90-day period begin2 ning on the date of the enactment of this Act. 

3 (2) CLARIFICATION.—In applying these amend4 ments, months (before, during, or after the month in 

5 which this Act is enacted) in which an individual 

6 was or is required to pay an increased premium shall 

7 be taken into account in determining the month in 

8 which the premium will no longer be subject to an 

9 increase. 

10 SEC. 2. EXCLUSION OF PERIODS OF COBRA, RETIREE, AND 

11 VA COVERAGE FROM MEDICARE PART B 

12 LATE ENROLLMENT PENALTY. 

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

14 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 

15 is amended— 

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

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

18 and 

19 (2) by inserting ‘‘or months for which the indi20 vidual can demonstrate that the individual had cov21 erage under chapter 17 of title 38, United States 

22 Code’’ before the period at the end. 

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

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


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

2 on the date of the enactment of this Act. 

3 SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 

4 WHOSE COBRA OR RETIREE COVERAGE TER5 MINATES. 

6 (a) IN GENERAL.—Section 1837(i) of the Social Se7 curity Act (42 U.S.C. 1395p(i)) is amended— 

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

9 striking ‘‘by reason of the individual’s (or the indi10 vidual’s spouse’s) current employment status’’ in 

11 subparagraph (A); 

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

13 striking ‘‘by reason of the individual’s (or the indi14 vidual’s spouse’s) current employment status’’ each 

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

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

17 of current employment status’’. 

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

19 subsection (a) shall apply to terminations of coverage oc20 curring after the end of the 90-day period beginning on 

21 the date of the enactment of this Act. 

Æ 


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