I

104TH CONGRESS

2D SESSION H. R. 4298

To provide for a special Medicare part B enrollment period and a special

Medigap open enrollment period for certain military retirees and dependents.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. ENSIGN introduced the following bill; which was referred to the Committee on 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 provide for a special Medicare part B enrollment period

and a special Medigap open enrollment period for certain

military retirees and dependents.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MEDICARE PART B SPECIAL ENROLLMENT PE4 RIOD AND MEDIGAP SPECIAL OPEN ENROLL5 MENT PERIOD FOR CERTAIN MILITARY RE6 TIREES AND DEPENDENTS.

7 (a) MEDICARE PART B SPECIAL ENROLLMENT PE8 RIOD.—
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1 (1) IN GENERAL.—In the case of any eligible

2 individual (as defined in subsection (c)), the Sec3 retary of Health and Human Services shall provide

4 for a special enrollment period during which the in5 dividual may enroll under part B of title XVIII of

6 the Social Security Act. Such period shall be for a

7 period of 6 months and shall begin with the first

8 month that begins at least 45 days after the date of

9 the enactment of this Act.

10 (2) COVERAGE PERIOD.—In the case of an eli11 gible individual who enrolls during the special enroll12 ment period provided under paragraph (1), the cov13 erage period under part B of title XVIII of the So14 cial Security Act shall begin on the first day of the

15 month following the month in which the individual

16 enrolls.

17 (b) MEDIGAP SPECIAL OPEN ENROLLMENT PE18 RIOD.—Notwithstanding any other provision of law, an is19 suer of a Medicare supplemental policy (as defined in sec20 tion 1882(g) of the Social Security Act)—

21 (1) may not deny or condition the issuance or

22 effectiveness of a Medicare supplemental policy; and

23 (2) may not discriminate in the pricing of the

24 policy on the basis of the individual’s health status,

25 medical condition (including both physical and men-
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1 tal illnesses), claims experience, receipt of health

2 care, medical history, genetic information, evidence

3 of insurability (including conditions arising out of

4 acts of domestic violence), or disability;

5 in the case of an eligible individual who seeks to enroll

6 during the 6-month period described in subsection (a)(1).

7 (c) ELIGIBLE INDIVIDUAL DEFINED.—In this sec8 tion, the term ‘‘eligible individual’’ means an individual—

9 (1) who, as of the date of the enactment of this

10 Act, has attained 65 years of age and was eligible

11 to enroll under part B of title XVIII of the Social

12 Security Act, and

13 (2) who at the time the individual first satisfied

14 paragraph (1) or (2) of section 1836 of the Social

15 Security Act—

16 (A) was a covered beneficiary (as defined

17 in section 1072(5) of title 10, United States

18 Code), and

19 (B) did not elect to enroll (or to be deemed

20 enrolled) under section 1837 of the Social Secu21 rity Act during the individual’s initial enroll22 ment period.
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1 The Secretary of Health and Human Services shall con2 sult with the Secretary of Defense in the identification of

3 eligible individuals.

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