I 
114TH CONGRESS 
1ST SESSION H. R. 2488 
To preserve Medicare beneficiary choice by restoring and expanding the Medi-
care open enrollment and disenrollment opportunities repealed by section 
3204(a) of the Patient Protection and Affordable Care Act. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2015 
Mr. ROTHFUS (for himself, Mr. SCHRADER, Mr. BRADY of Texas, and Mrs. 
BROOKS of Indiana) introduced the following bill; which was referred to 
the Committee on Ways and Means, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To preserve Medicare beneficiary choice by restoring and 
expanding 
the 
Medicare 
open 
enrollment 
and 
disenrollment opportunities repealed by section 3204(a) 
of the Patient Protection and Affordable Care Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicare Beneficiary 
Preservation of Choice Act of 2015’’. 
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SEC. 
2. 
PRESERVATION 
OF 
MEDICARE 
BENEFICIARY 
CHOICE UNDER MEDICARE ADVANTAGE. 
Section 1851(e)(2) of the Social Security Act (42 
U.S.C. 1395w–21(e)(2)) is amended— 
(1) in subparagraph (C)— 
(A) in the heading, by inserting ‘‘FROM 
2011 THROUGH 2015’’ after ‘‘45-DAY PERIOD’’; 
and 
(B) by inserting ‘‘and ending with 2015’’ 
after ‘‘beginning with 2011’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(G) CONTINUOUS
OPEN
ENROLLMENT 
AND DISENROLLMENT FOR FIRST 3 MONTHS IN 
2016 AND SUBSEQUENT YEARS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii) and subparagraph (D), at any time 
during the first 3 months of a year (begin-
ning with 2016), or, if the individual first 
becomes a Medicare Advantage eligible in-
dividual during a year (beginning with 
2016), during the first 3 months of such 
year in which the individual is a Medicare 
Advantage eligible individual, a Medicare 
Advantage eligible individual may change 
the election under subsection (a)(1). 
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‘‘(ii) LIMITATION
OF
ONE
CHANGE 
DURING OPEN ENROLLMENT PERIOD EACH 
YEAR.—An individual may change the elec-
tion pursuant to clause (i) only once dur-
ing the applicable 3-month period de-
scribed in such clause in each year. The 
limitation under this clause shall not apply 
to changes in elections effected during an 
annual, coordinated election period under 
paragraph (3) or during a special enroll-
ment period under paragraph (4). 
‘‘(iii) LIMITED APPLICATION TO PART 
D.—Clauses (i) and (ii) of this subpara-
graph shall only apply with respect to 
changes in enrollment in a prescription 
drug plan under part D in the case of an 
individual who, previous to such change in 
enrollment, is enrolled in a Medicare Ad-
vantage plan. 
‘‘(iv) LIMITATIONS ON MARKETING.— 
Pursuant to subsection (j), no unsolicited 
marketing or marketing materials may be 
sent to an individual described in clause (i) 
during the continuous open enrollment and 
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disenrollment period established for the in-
dividual under such clause.’’. 
Æ 
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