I

107TH CONGRESS

1ST SESSION H. R. 2073

To amend title XVIII of the Social Security Act to waive the part B late

enrollment penalty for military retirees who enroll by December 31,

2002, and to provide a special part B enrollment period for such retirees.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 2001

Mr. CARDIN 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 waive

the part B late enrollment penalty for military retirees

who enroll by December 31, 2002, and to provide a

special part B enrollment period for such retirees.

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 ‘‘The TRICARE Retir5 ees Opportunity Act of 2001’’.
2

•HR 2073 IH

1 SEC. 2. WAIVER OF MEDICARE PART B LATE ENROLLMENT

2 PENALTY FOR CERTAIN MILITARY RETIREES;

3 SPECIAL ENROLLMENT PERIOD.

4 (a) WAIVER OF PENALTY.—

5 (1) IN GENERAL.—Section 1839(b) of the So6 cial Security Act (42 U.S.C. 1395r(b)) is amended

7 by adding at the end the following new sentence:

8 ‘‘No increase in the premium shall be effected for a

9 month in the case of an individual who is 65 years

10 of age or older, who enrolls under this part during

11 2001 or 2002, and who demonstrates to the Sec12 retary before December 31, 2002, that the individual

13 is a covered beneficiary (as defined in section

14 1072(5) of title 10, United States Code). The Sec15 retary of Health and Human Services shall consult

16 with the Secretary of Defense in identifying individ17 uals described in the previous sentence.’’.

18 (2) EFFECTIVE DATE.—The amendment made

19 by paragraph (1) shall apply to premiums for

20 months beginning with January 2001. The Secretary

21 of Health and Human Services shall establish a

22 method for providing rebates of premium penalties

23 paid for months on or after January 2001 for which

24 a penalty does not apply under such amendment but

25 for which a penalty was previously collected.
3

•HR 2073 IH

1 (b) MEDICARE PART B SPECIAL ENROLLMENT PE2 RIOD.—

3 (1) IN GENERAL.—In the case of any individual

4 who, as of the date of the enactment of this Act, is

5 65 years of age or older, is eligible to enroll but is

6 not enrolled under part B of title XVIII of the So7 cial Security Act, and is a covered beneficiary (as

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

9 Code), the Secretary of Health and Human Services

10 shall provide for a special enrollment period during

11 which the individual may enroll under such part.

12 Such period shall begin as soon as possible after the

13 date of the enactment of this Act and shall end on

14 December 31, 2002.

15 (2) COVERAGE PERIOD.—In the case of an indi16 vidual who enrolls during the special enrollment pe17 riod provided under paragraph (1), the coverage pe18 riod under part B of title XVIII of the Social Secu19 rity Act shall begin on the first day of the month

20 following the month in which the individual enrolls.

Æ