I 
115TH CONGRESS 
2D SESSION 
H. R. 5104 
To amend 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 
FEBRUARY 27, 2018 
Mr. SCHRADER (for himself, Mr. CURBELO of Florida, Mr. THOMPSON of Cali-
fornia, and Mr. BILIRAKIS) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committees on Ways and Means, and Education and the Workforce, 
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 provide 
for a special enrollment period under Medicare for indi-
viduals 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’’. 
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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)(I) at the time the individual first sat-
isfies paragraph (1) or (2) of section 1836, is 
enrolled in COBRA continuation coverage (as 
defined in subparagraph (D)); or 
‘‘(II) is enrolled in COBRA continuation 
coverage (and made such enrollment after at-
taining 65 years of age) and immediately prior 
to such enrollment was an individual described 
in paragraph (1) or (2) of this subsection; and 
‘‘(ii) has elected not to enroll (or to be 
deemed enrolled) under this section during the 
individual’s initial enrollment period; 
there shall be a special enrollment period described 
in subparagraph (B). 
‘‘(B) The special enrollment period referred to 
in subparagraph (A) is the period that includes each 
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month during any part of which the individual is en-
rolled in COBRA continuation coverage. 
‘‘(C) An individual may only enroll during the 
special enrollment period provided under subpara-
graph (B) one time during the individual’s lifetime. 
‘‘(D) For purposes of this paragraph, the term 
‘COBRA continuation coverage’ means continuation 
coverage— 
‘‘(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 program that 
provides comparable continuation coverage.’’. 
(b) 
COVERAGE
PERIOD
FOR
INDIVIDUALS 
TRANSITIONING
FROM
COBRA CONTINUATION
COV-
ERAGE.—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)—’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and mov-
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curity Act of 1974 (29 U.S.C. 1166) to be given by an 
employer to an employee eligible for COBRA continuation 
coverage to include an explanation of how the Medicare 
secondary payer rules under section 1862(b) of the Social 
Security Act (42 U.S.C. 1395y(b)) apply with respect to 
COBRA continuation coverage. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to periods of COBRA continu-
ation coverage beginning on or after such date. 
Æ 
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