I
105TH CONGRESS
1ST SESSION
H. R. 566
To amend title XVIII of the Social Security Act to provide annual and
other opportunities for individuals enrolled under a Medicare select policy
to change to a medigap policy without prejudice.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1997
Mr. BENTSEN (for himself, Mr. CARDIN, Mr. EVANS, Mr. FROST, Mr. GREEN,
Ms. SLAUGHTER, Mr. SMITH of New Jersey, Mr. STARK, and Mrs.
THURMAN) introduced the following bill; which was referred to the Com-
mittee on Commerce
A BILL
To amend title XVIII of the Social Security Act to provide
annual and other opportunities for individuals enrolled
under a Medicare select policy to change to a medigap
policy without prejudice.
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 ‘‘Medigap Protection
Act of 1997’’.
SEC. 2. CONTINUED ACCESS TO MEDIGAP POLICIES BY
MEDICARE-SELECT ENROLLEES.
(a) IN GENERAL.—Section 1882(s) of the Social Se-
curity Act (42 U.S.C. 1395ss(s)) is amended—
(1) in paragraph (3), by striking ‘‘paragraphs
(1) and (2)’’ and inserting ‘‘paragraphs (1), (2), or
(3)’’,
(2) by redesignating paragraph (3) as para-
graph (4), and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3)(A) The issuer of a Medicare supplemental policy
shall provide enrollment periods described in subpara-
graph (B) during which an individual described in sub-
paragraph (C) may elect coverage under any such Medi-
care supplemental policy of such issuer as a replacement
for the Medicare select policy. The election of such a policy
shall become effective in a timely manner (as specified by
the Secretary). The provisions of paragraph (2)(C) (relat-
ing to waiving application of certain preexisting limita-
tions) may apply to the enrollment of an individual under
a policy pursuant to this paragraph. In the case of such
an election, the issuer shall treat the individual as having
been covered under the policy during the period in which
the individual was covered under the Medicare select policy
for purposes of computing applicable premiums and apply-
ing any preexisting condition limitations.
‘‘(B) The enrollment periods described in this sub-
paragraph are—
‘‘(i) an open enrollment period (of at least 30
days duration) at least once every 12 months, and
‘‘(ii) a reasonable open enrollment period for an
individual whose coverage under a Medicare select
policy is terminated because the individual moves
out of the service area of the issuer of such Medicare
select policy.
‘‘(C) An individual described in this subparagraph is,
with respect to the issuer of a Medicare supplemental pol-
icy, an individual who is enrolled in a Medicare select pol-
icy and who would be eligible to enroll under the Medicare
supplemental policy of the issuer under paragraph (2)(A)
at the time the individual became (or becomes) 65 years
of age.
‘‘(D) In this paragraph, the term ‘Medicare select
policy’ means a policy issued and certified under sub-
section (t)(1).
‘‘(E) The Secretary is authorized to issue regulations
to carry out this paragraph.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to issuers of Medicare supple-
mental policies for periods beginning with the first day
of the first month that begins more than 90 days after
the date of the enactment of this Act.
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