I

107TH CONGRESS

1ST SESSION H. R. 1177

To amend title XVIII of the Social Security Act to limit the penalty for

late enrollment under the Medicare Program to 10 percent and twice

the period of no enrollment.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 2001

Mr. FRANK (for himself, Mr. BOEHLERT, Mr. KLECZKA, Mr. GILCHREST, Mr.

NEAL of Massachusetts, Mr. OBERSTAR, Mr. THOMPSON of Mississippi,

Ms. BROWN of Florida, Mr. HILLIARD, Mr. ABERCROMBIE, Mr. MCNULTY, Mrs. MINK of Hawaii, Mr. BORSKI, Mr. CAPUANO, Mr. KILDEE, Mr.

MCHUGH, Mr. FROST, Mr. FILNER, Mr. DOYLE, Mr. WEXLER, Mr. LANTOS, Mr. MCGOVERN, Mr. BRADY of Pennsylvania, Mrs. MALONEY of

New York, Mr. EVANS, Mr. CLAY, Ms. CARSON of Indiana, Mr. PAYNE,

and Mr. GORDON) 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 the Medicare Program to 10 percent and twice the period of no enrollment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1177 IH

1 SECTION 1. LIMITING MEDICARE LATE ENROLLMENT PEN2 ALTY TO 10 PERCENT AND TWICE THE PE3 RIOD 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 10 months’’ and insert8 ing ‘‘10 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.—(1) Section

12 1818(c)(6) of such Act (42 U.S.C. 1395i–2(c)), as amend13 ed by section 331 of the Medicare, Medicaid, and SCHIP

14 Benefits Improvement and Protection Act of 2000, as en15 acted into law by section 1(a)(6) of Public Law 106–554,

16 is amended by striking ‘‘may not exceed 10 percent and

17 shall only apply to premiums paid during a period equal

18 to twice the number of months in the full 12-month peri19 ods described in that section and’’.

20 (2) Section 1818(g)(2)(B) of such Act (42 U.S.C.

21 1395i–2(g)(2)(B)) is amended by striking ‘‘by sub22 stituting’’ and all that follows and inserting the following:

23 ‘‘by substituting ‘section 1818 (without any increase re24 sulting from the application of section 1839(b) to such

25 section)’ for ‘section 1839 (without any increase under

26 subsection (b) thereof)’.’’.
3

•HR 1177 IH

1 (c) EFFECTIVE DATE.—(1) The amendments made

2 by this section shall apply to premiums paid for months

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

4 on the date of the enactment of this Act.

5 (2) In applying these amendments, months (before,

6 during, or after the month in which this Act is enacted)

7 in which an individual was or is required to pay an in8 creased premium shall be taken into account in deter9 mining the month in which the premium will no longer

10 be subject to an increase.

Æ