HERMAN Act



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1691 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1691

    To amend title XVIII of the Social Security Act to improve the 
      enrollment of retiring individuals in the Medicare program.


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                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

  Mr. Casey (for himself, Mr. Sullivan, and Mr. Braun) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
    To amend title XVIII of the Social Security Act to improve the 
      enrollment of retiring individuals in the Medicare program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthcare Enrollment Reform 
Modernization And Navigation Act'' or the ``HERMAN Act''.

SEC. 2. COORDINATION OF MEDICARE BENEFITS WITH OTHER HEALTH CARE 
              INSURANCE.

    (a) In General.--Section 1862(b)(1)(A) of the Social Security Act 
(42 U.S.C. 1395y(b)(1)(A)) is amended by adding at the end the 
following new clause:
                            ``(vi) Coordination of benefits with other 
                        health care insurance.--Notwithstanding any 
                        other provision of law, in the event that an 
                        individual is enrolled in an employer group 
                        health plan (including a multiemployer or 
                        multiple employer group health plan) by virtue 
                        of current employment status with an employer 
                        that does not have 20 or more individuals in 
                        current employment status for each working day 
                        in each of 20 or more calendar weeks in the 
                        current calendar year and the preceding 
                        calendar year and the individual is eligible 
                        but not enrolled in coverage under part B, such 
                        employer group health plan shall not reduce 
                        benefits under the plan with respect to the 
                        individual on the basis that the individual 
                        could have been enrolled in coverage under part 
                        B. Nothing in the preceding sentence shall 
                        require such employer group health plan to 
                        provide coverage to an individual who elects to 
                        enroll in coverage under part B or to prohibit 
                        such plan from terminating such coverage or 
                        reducing benefits if such individual makes such 
                        election.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to items and services furnished on or after the date of the 
enactment of this Act.
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