I 
117TH CONGRESS 
2D SESSION 
H. R. 9368 
To amend title XVIII of the Social Security Act to limit certain late 
enrollment penalties under the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 30, 2022 
Mr. GOHMERT introduced the following bill; which was referred to the Com-
mittee 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 
certain late enrollment penalties under the Medicare pro-
gram. 
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 ‘‘Helping End Lifetime 
Penalties Act of 2022’’. 
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SEC. 2. LIMITING CERTAIN LATE ENROLLMENT PENALTIES 
UNDER THE MEDICARE PROGRAM. 
(a) PARTS A AND B.—Section 1839(b) of the Social 
Security Act (42 U.S.C. 1395r(b)) is amended— 
(1) in the first sentence, by inserting ‘‘for each 
of the first 12 months in which such individual is so 
enrolled’’ after ‘‘shall be increased’’; and 
(2) by adding at the end the following new sen-
tences: ‘‘In the case of an individual who is subject 
to an increase under this subsection for one or more 
months with respect to a continuous period of eligi-
bility and who terminates a coverage period during 
such continuous period of eligibility and subse-
quently reenrolls during the same continuous period 
of eligibility, such individual shall be subject to an 
increase under this subsection for each of the first 
12 months in which such individual is so reenrolled 
(or, in the case such individual was subject to less 
than 12 months of an increase under this subsection 
with respect to a previous enrollment during the 
same continuous period of eligibility, for each of the 
first 12 months beginning with the month after the 
last month of application of any otherwise applicable 
increase under this subsection). In calculating the 
amount of any increase imposed under this sub-
section pursuant to the preceding sentence with re-
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spect to the termination of coverage and reenroll-
ment of an individual, there shall only be taken into 
account months that are described paragraph (2) of 
the second sentence of this subsection with respect 
to such termination and reenrollment.’’. 
(b) PART D.—Section 1860D–13(b)(1) of the Social 
Security Act (42 U.S.C. 1395w–113(b)(1)) is amended— 
(1) by inserting ‘‘, for each of the first 12 
months in which such individual is enrolled in a pre-
scription drug plan under this part with respect to 
such continuous period,’’ after ‘‘subsection (a)’’; and 
(2) by adding at the end the following new sen-
tences: ‘‘In the case of an individual who is subject 
to an increase under this subsection for one or more 
months with respect to a continuous period of eligi-
bility and who terminates a coverage period during 
such continuous period of eligibility and subse-
quently reenrolls during the same continuous period 
of eligibility, such individual shall be subject to an 
increase under this subsection for each of the first 
12 months in which such individual is so reenrolled 
(or, in the case such individual was subject to less 
than 12 months of an increase under this subsection 
with respect to a previous enrollment during the 
same continuous period of eligibility, for each of the 
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first 12 months beginning with the month after the 
last month of application of any otherwise applicable 
increase under this subsection). In calculating the 
amount of any increase imposed under this sub-
section pursuant to the preceding sentence with re-
spect to the termination of coverage and reenroll-
ment of an individual, the term ‘uncovered month’ 
shall only include those months occurring during the 
period beginning with such termination and ending 
with such reenrollment.’’. 
Æ 
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