I
106TH CONGRESS
2D SESSION
H. R. 5197
To amend title XVIII of the Social Security Act to provide certain medicare
beneficiaries living abroad a special Medicare part B enrollment period
during which the late enrollment penalty is waived and a special Medigap
open enrollment period during which no underwriting is permitted.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 18, 2000
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on 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 jurisdic-
tion of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to provide
certain medicare beneficiaries living abroad a special
Medicare part B enrollment period during which the
late enrollment penalty is waived and a special Medigap
open enrollment period during which no underwriting
is permitted.
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 Welcome
Back Act of 2000’’.
SEC. 2. MEDICARE PART B SPECIAL ENROLLMENT PERIOD
AND WAIVER OF PART B LATE ENROLLMENT
PENALTY AND MEDIGAP SPECIAL OPEN EN-
ROLLMENT PERIOD FOR CERTAIN INDIVID-
UALS RESIDING ABROAD.
(a) MEDICARE PART B SPECIAL ENROLLMENT PE-
RIOD; WAIVER OF PART B PENALTY FOR LATE ENROLL-
MENT.—
(1) IN GENERAL.—In the case of any eligible
individual (as defined in subsection (c)(1)), the Sec-
retary of Health and Human Services shall provide
for a special enrollment period during which the in-
dividual may enroll under part B of title XVIII of
the Social Security Act. Such period shall be for a
period of 8 months and shall begin with the first
month that begins on or after the date the eligible
individual first resides in the United States after the
time described in subsection (c)(1)(B).
(2) COVERAGE PERIOD.—In the case of an eli-
gible individual who enrolls during the special enroll-
ment period provided under paragraph (1), the cov-
erage period under part B of title XVIII of the So-
cial Security Act shall begin on the first day of the
month following the month in which the individual
enrolls.
(3) WAIVER
OF
PART
B
LATE
ENROLLMENT
PENALTY.—In the case of an eligible individual who
enrolls during the special enrollment period provided
under paragraph (1), there shall be no increase pur-
suant to section 1839(b) of the Social Security Act
(42 U.S.C. 1395r(b)) in the monthly premium under
part B of title XVIII of such Act.
(b) MEDIGAP SPECIAL OPEN ENROLLMENT PE-
RIOD.—Notwithstanding any other provision of law, an
issuer of a medicare supplemental policy (as defined in
section 1882(g) of the Social Security Act (42 U.S.C.
1395ss(g))—
(1) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy; and
(2) may not discriminate in the pricing of the
policy on the basis of the individual’s health status,
medical condition (including both physical and men-
tal illnesses), claims experience, receipt of health
care, medical history, genetic information, evidence
of insurability (including conditions arising out of
acts of domestic violence), or disability;
in the case of an eligible individual who seeks to enroll
during the 6-month period described in subsection (a)(1).
(c) DEFINITIONS.—In this section: