I 

116TH CONGRESS 

1ST SESSION H. R. 1657 

To amend title XVIII of the Social Security Act to facilitate the transition 

to Medicare for individuals enrolled in group health plans, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2019 

Mr. SMUCKER 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 facilitate 

the transition to Medicare for individuals enrolled in 

group health plans, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Seniors’ Health Care 

5 Choice Act of 2019’’. 


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1 SEC. 2. FACILITATING TRANSITION TO MEDICARE FOR IN2 DIVIDUALS ENROLLED IN GROUP HEALTH 

3 PLANS. 

4 (a) SPECIAL ENROLLMENT PERIOD FOR INDIVID5 UALS ENROLLED IN COBRA CONTINUATION COV6 ERAGE.—Section 1837(i) of the Social Security Act (42 

7 U.S.C. 1395p(i)) is amended by adding at the end the fol8 lowing new paragraph: 

9 ‘‘(5)(A) In the case of an individual who— 

10 ‘‘(i) at the time the individual first satisfies 

11 paragraph (1) or (2) of section 1836, is enrolled in 

12 COBRA continuation coverage (as defined in sub13 paragraph (D)); and 

14 ‘‘(ii) has elected not to enroll (or to be deemed 

15 enrolled) under this section during the individual’s 

16 initial enrollment period, 

17 there shall be a special enrollment period described in sub18 paragraph (B). 

19 ‘‘(B) The special enrollment period referred to in sub20 paragraph (A) is the period that includes each month dur21 ing any part of which the individual is enrolled in COBRA 

22 continuation coverage. 

23 ‘‘(C) An individual may only enroll during the special 

24 enrollment period provided under subparagraph (B) one 

25 time during the individual’s lifetime. 


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1 ‘‘(D) For purposes of this paragraph, the term 

2 ‘COBRA continuation coverage’ means continuation cov3 erage— 

4 ‘‘(i) under a COBRA continuation provision (as 

5 defined in section 2791(d)(4) of the Public Health 

6 Service Act); 

7 ‘‘(ii) pursuant to section 8905a of title 5, 

8 United States Code; or 

9 ‘‘(iii) under a similar State program.’’. 

10 (b) COVERAGE PERIOD FOR INDIVIDUALS

11 TRANSITIONING FROM COBRA CONTINUATION COV12 ERAGE.—Section 1838(e) of the Social Security Act (42 

13 U.S.C. 1395q(e)) is amended— 

14 (1) by striking ‘‘pursuant to section 1837(i)(3) 

15 or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur16 suant to— 

17 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 

18 (2) by redesignating paragraphs (1) and (2) as 

19 subparagraphs (A) and (B), respectively, and mov20 ing the indentation of each such subparagraph 2 

21 ems to the right; 

22 (3) by striking the period at the end of the sub23 paragraph (B), as so redesignated, and inserting ‘‘; 

24 or’’; and 


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1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) section 1837(i)(5), the coverage period 

4 shall begin on the first day of the month following 

5 the month in which the individual so enrolls.’’. 

Æ 


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