I 
111TH CONGRESS 
1ST SESSION H. R. 2235 
To amend part B of title XVIII of the Social Security Act to limit the 
penalty for late enrollment under part B of the Medicare Program 
to 10 percent and twice the period of no enrollment, and to exclude 
periods of COBRA and retiree coverage from such late enrollment pen-
alty. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2009 
Mr. FRANK of Massachusetts introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee 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 part B of title XVIII of the Social Security 
Act to limit the penalty for late enrollment under part 
B of the Medicare Program to 10 percent and twice 
the period of no enrollment, and to exclude periods of 
COBRA and retiree coverage from such late enrollment 
penalty. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. LIMITING MEDICARE PART B LATE ENROLL-
MENT PENALTY TO 10 PERCENT AND TWICE 
THE PERIOD OF NO ENROLLMENT. 
(a) IN GENERAL.—The first sentence of section 
1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 
is amended by striking ‘‘10 percent of the monthly pre-
mium so determined for each full 12 months’’ and insert-
ing ‘‘10 percent of the monthly premium so determined 
for premiums paid during a period equal to twice the num-
ber of months in each of the full periods of 12 months’’. 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section 
1818(c)(6) of such Act (42 U.S.C. 1395i–2(c)(6)) is 
amended by striking ‘‘may not exceed 10 percent and shall 
only apply to premiums paid during a period equal to twice 
the number of months in the full 12-month periods de-
scribed in that section and’’. 
(2) Section 1818(g)(2)(B) of such Act (42 U.S.C. 
1395i–2(g)(2)(B)) is amended by striking ‘‘by sub-
stituting’’ and all that follows and inserting the following: 
‘‘by substituting ‘section 1818 (without any increase re-
sulting from the application of section 1839(b) to such 
section)’ for ‘section 1839 (without any increase under 
subsection (b) thereof)’.’’. 
(c) EFFECTIVE DATE.—(1) The amendments made 
by this section shall apply to premiums paid for months 
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beginning after the end of the 90-day period beginning 
on the date of the enactment of this Act. 
(2) In applying these amendments, months (before, 
during, or after the month in which this Act is enacted) 
in which an individual was or is required to pay an in-
creased premium shall be taken into account in deter-
mining the month in which the premium will no longer 
be subject to an increase. 
SEC. 2. EXCLUSION OF PERIODS OF COBRA AND RETIREE 
COVERAGE FROM MEDICARE PART B LATE 
ENROLLMENT PENALTY. 
(a) IN GENERAL.—The second sentence of section 
1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) 
is amended by striking ‘‘by reason of the individual’s (or 
the individual’s spouse’s) current employment’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to premiums paid for months 
beginning after the end of the 90-day period beginning 
on the date of the enactment of this Act. 
SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 
WHOSE COBRA OR RETIREE COVERAGE TER-
MINATES. 
(a) IN GENERAL.—Section 1837(i) of the Social Se-
curity Act (42 U.S.C. 1395p(i)) is amended— 
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(1) in the first sentence of paragraph (1), by 
striking ‘‘by reason of the individual’s (or the indi-
vidual’s spouse’s) current employment status’’ in 
subparagraph (A); 
(2) in the first sentence of paragraph (2) by 
striking ‘‘by reason of the individual’s (or the indi-
vidual’s spouse’s) current employment status’’ each 
place it appears in subparagraphs (B) and (C); and 
(3) in paragraph (3)(A) by striking ‘‘by reason 
of current employment status’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to premiums paid for months 
beginning after the end of the 90-day period beginning 
on the date of the enactment of this Act. 
Æ 
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