I 
117TH CONGRESS 
2D SESSION 
H. R. 8791 
To amend part B of title XVIII of the Social Security Act to provide 
for a special enrollment period under Medicare for individuals enrolled 
in COBRA continuation coverage, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2022 
Mr. SCHRADER (for himself, Mr. BILIRAKIS, Mr. THOMPSON of California, 
Mr. SMUCKER, Mr. WALBERG, and Ms. SHERRILL) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Ways and Means, and Edu-
cation and Labor, 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 part B of title XVIII of the Social Security 
Act to provide for a special enrollment period under 
Medicare for individuals enrolled in COBRA continuation 
coverage, and for other purposes. 
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 Enrollment 
Protection Act of 2022’’. 
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SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS 
TRANSITIONING 
FROM 
COBRA 
CONTINU-
ATION COVERAGE. 
(a) SPECIAL ENROLLMENT PERIOD FOR INDIVID-
UALS
ENROLLED
IN
COBRA CONTINUATION
COV-
ERAGE.—Section 1837(i) of the Social Security Act (42 
U.S.C. 1395p(i)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5)(A) In the case of an individual who— 
‘‘(i) at the time the individual first satis-
fies paragraph (1) or (2) of section 1836(a), is 
enrolled in COBRA continuation coverage (as 
defined in subparagraph (D)); or 
‘‘(ii) is enrolled in COBRA continuation 
coverage and immediately prior to such enroll-
ment was an individual described in paragraph 
(1) or (2) of this subsection, 
there shall be a special enrollment period de-
scribed in subparagraph (B). 
‘‘(B) The special enrollment period referred to 
in subparagraph (A) is the period that includes— 
‘‘(i) each month during any part of which 
the individual is enrolled in COBRA continu-
ation coverage; and 
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‘‘(ii) the 3-month period beginning with 
the first month following the last month during 
any part of which such individual is so enrolled. 
‘‘(C) An individual may only enroll during the 
special enrollment period provided under subpara-
graph (A) one time during the individual’s lifetime. 
‘‘(D) For purposes of this paragraph, the term 
‘COBRA continuation coverage’ means continuation 
coverage beginning on or after January 1, 2023— 
‘‘(i) under a COBRA continuation provi-
sion (as defined in section 2791(d)(4) of the 
Public Health Service Act); 
‘‘(ii) pursuant to section 8905a of title 5, 
United States Code; or 
‘‘(iii) under a similar State law that pro-
vides comparable continuation of group health 
plan coverage.’’. 
(b) COVERAGE PERIOD FOR CERTAIN ELIGIBLE IN-
DIVIDUALS.—Section 1838(e) of the Social Security Act 
(42 U.S.C. 1395q(e)) is amended— 
(1) by striking ‘‘pursuant to section 1837(i)(3) 
or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur-
suant to— 
‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 
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(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and mov-
ing the indentation of each such subparagraph 2 
ems to the right; 
(3) by striking the period at the end of sub-
paragraph (B), as so redesignated, and inserting ‘‘; 
or’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) section 1837(i)(5), the coverage period 
shall begin on the first day of the month following 
the month in which the individual so enrolls.’’. 
(c) NO INCREASE IN PREMIUM.—Section 1839(b) of 
such Act (42 U.S.C. 1395r(b)) is amended— 
(1) in the first sentence, by inserting ‘‘, (i)(5)’’ 
after ‘‘subsection (i)(4)’’; 
(2) in the second sentence, by inserting before 
the period at the end the following: ‘‘or months for 
which the individual can demonstrate that the indi-
vidual was enrolled in COBRA continuation coverage 
(as such term is defined in section 1837(i)(5)(D))’’. 
(d) COORDINATION OF BENEFITS.— 
(1) ERISA.—Section 607 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
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1167)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) COORDINATION OF BENEFITS.—Notwith-
standing any other provision of law, in the case that 
an individual is enrolled in COBRA continuation 
coverage (as defined in section 1837(i)(5)(D) of the 
Social Security Act) and the individual is eligible for 
but not enrolled in coverage under part B of title 
XVIII of the Social Security Act, such COBRA con-
tinuation coverage shall not reduce or terminate ben-
efits under such COBRA continuation coverage with 
respect to the individual on the basis that the indi-
vidual is eligible for coverage under such part B or 
otherwise take into account such eligibility. Such 
benefits under such COBRA continuation coverage 
shall be provided to such an individual as if such in-
dividual were not so eligible for coverage under such 
part B. Nothing in the preceding two sentences shall 
require the provision of such COBRA continuation 
coverage to an individual enrolled in coverage under 
such part B or prohibit the termination of such con-
tinuation coverage or reduction of benefits under 
such continuation coverage in the case of an indi-
vidual who enrolls under such part B.’’. 
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(2) PHSA.—Section 2208 of the Public Health 
Service Act (42 U.S.C. 300bb–8) is amended— 
(A) by striking ‘‘DEFINITIONS’’ and in-
serting 
‘‘DEFINITIONS
AND
SPECIAL 
RULES’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) SPECIAL
RULE
FOR
COORDINATION
OF 
BENEFITS.—Notwithstanding any other provision of 
law, in the case that an individual is enrolled in 
COBRA continuation coverage (as defined in section 
1837(i)(5)(D) of the Social Security Act) and the in-
dividual is eligible for but not enrolled in coverage 
under part B of title XVIII of the Social Security 
Act, such COBRA continuation coverage shall not 
reduce or terminate benefits under such COBRA 
continuation coverage with respect to the individual 
on the basis that the individual is eligible for cov-
erage under such part B or otherwise take into ac-
count such eligibility. Such benefits under such 
COBRA continuation coverage shall be provided to 
such an individual as if such individual were not so 
eligible for coverage under such part B. Nothing in 
the preceding two sentences shall require the provi-
sion of such COBRA continuation coverage to an in-
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dividual enrolled in coverage under such part B or 
prohibit the termination of such continuation cov-
erage or reduction of benefits under such continu-
ation coverage in the case of an individual who en-
rolls under such part B.’’. 
(3) IRC.—Section 4980B(g) of the Internal 
Revenue Code of 1986 is amended— 
(A) by striking ‘‘DEFINITIONS’’ and insert-
ing ‘‘DEFINITIONS AND SPECIAL RULES’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) SPECIAL
RULE
FOR
COORDINATION
OF 
BENEFITS.—Notwithstanding any other provision of 
law, in the case that an individual is enrolled in 
COBRA continuation coverage (as defined in section 
1837(i)(5)(D) of the Social Security Act) and the in-
dividual is eligible for but not enrolled in coverage 
under part B of title XVIII of the Social Security 
Act, such COBRA continuation coverage shall not 
reduce or terminate benefits under such COBRA 
continuation coverage with respect to the individual 
on the basis that the individual is eligible for cov-
erage under such part B or otherwise take into ac-
count such eligibility. Such benefits under such 
COBRA continuation coverage shall be provided to 
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such an individual as if such individual were not so 
eligible for coverage under such part B. Nothing in 
the preceding two sentences shall require the provi-
sion of such COBRA continuation coverage to an in-
dividual enrolled in coverage under such part B or 
prohibit the termination of such continuation cov-
erage or reduction of benefits under such continu-
ation coverage in the case of an individual who en-
rolls under such part B.’’. 
(e) UPDATING COBRA CONTINUATION COVERAGE 
NOTIFICATIONS.—Not later than January 1, 2023, the 
Secretary of Labor, in consultation with the Secretary of 
Health and Human Services, shall update the written no-
tices required under section 606 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1166) to 
include an explanation of the full scope of the Medicare 
secondary payer rules under section 1862(b) of the Social 
Security Act (42 U.S.C. 1395y(b)), including how such 
rules apply with respect to COBRA continuation coverage 
(as defined in section 1837(i)(5)(D) of the Social Security 
Act (42 U.S.C. 1395p(i)(5)(D))). 
Æ 
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