SECTION 1. ESTABLISHMENT OF SPECIAL ENROLLMENT
PERIODS AND WAIVER OF LATE ENROLL-
MENT PENALTY FOR CERTAIN MILITARY RE-
TIREES AND DEPENDENTS.
(a) SPECIAL MEDICARE PART B ENROLLMENT PE-
RIOD.—
(1) IN GENERAL.—Section 1837 of the Social
Security Act (42 U.S.C. 1395p) is amended by add-
ing at the end the following new subsection:
‘‘(j)(1)(A) There shall be a special enrollment period
described in subparagraph (B) in the case of an individual
who attained age 65 before the date of the enactment of
this subsection and with respect to whom the following
conditions are met:
‘‘(i) Since attaining such age and up to such
date of enactment, the individual has been a covered
beneficiary (as defined in section 1072(5) of title 10,
United States Code) under chapter 55 of title 10,
United States Code.
‘‘(ii) Since attaining such age and up to the
date of the event described in clause (iii), the indi-
vidual continuously maintained a primary residence
within 100 miles of a military hospital that provided
inpatient hospital services and was not been enrolled
under this part.
‘‘(iii) Since attaining such age and before such
date of enactment, any military hospital that pro-
vided inpatient hospital services and that was lo-
cated within 100 miles of the individual’s primary
residence either was closed or discontinued the pro-
vision of such services.
‘‘(B) The special enrollment period under this para-
graph shall be the 9-month period beginning with the first
month that begins at least 45 days after the date of the
enactment of this Act.
‘‘(2)(A) There shall be a special enrollment period de-
scribed in subparagraph (B) in the case of an individual
who attains age 65 on or after the date of the enactment
of this subsection and with respect to whom the following
conditions are met:
‘‘(i) Since attaining such age and until the date
of the announcement described in clause (ii), the in-
dividual has been a covered beneficiary (as defined
in section 1072(5) of title 10, United States Code)
under chapter 55 of title 10, United States Code,
has not been enrolled under this part, and has con-
tinuously maintained a primary residence within 100
miles of a military hospital that provided inpatient
hospital services.
‘‘(ii) Since attaining such age, there has been
an announcement that any military hospital that
provided inpatient hospital services and that was lo-
cated within 100 miles of the individual’s primary
residence either will be closed or that the provision
of inpatient hospital services at any such facility will
be discontinued.
‘‘(B) A special enrollment period under this para-
graph shall be a 90-day period beginning 45 days before
the date of the proposed hospital closure or service dis-
continuation described in subparagraph (A)(ii).
‘‘(3)(A) For purposes of this subsection, if a military
hospital is closed (or inpatient hospital services at a mili-
tary hospital are discontinued) under a base closure law,
the closure or discontinuation of services is considered to
be ‘announced’ as of the date of the submission to Con-
gress under the base closure law of a report recommending
the closure of the military base at which the facility is
located.
‘‘(B) If the there is a determination (other than
under a base closure law) that a military hospital in the
United States will be closed or that all inpatient hospital
services at a military hospital will be discontinued, there
shall be a public announcement of such determination at
least 60 days before the date of the closure or discontinu-
ation. Such announcement shall be made through a post-
ing at the hospital and through other means intended to
inform individuals who are 65 years of age or older and
who obtain services through the hospital.
‘‘(4) For purposes of this subsection:
‘‘(A) The term ‘base closure law’ means any of
the following:
‘‘(i) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
‘‘(ii) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
‘‘(iii) Section 2687 of title 10, United
States Code.
‘‘(iv) Any other similar law enacted after
the date of the enactment of this subsection.
‘‘(B) The term ‘military hospital’ means a hos-
pital that is a facility of a uniformed service referred
to in section 1074(a) of title 10, United States
Code.’’.
(2) COVERAGE PERIOD FOR SPECIAL ENROLL-
MENTS.—Section 1838 of such Act (42 U.S.C.
1395q) is amended by adding at the end the follow-
ing new subsection:
‘‘(f) Notwithstanding subsection (a), in the case of
an individual who enrolls under this part pursuant to a
special enrollment period provided under section 1837(j),
the coverage period shall begin on the first day of the
month that begins at least 15 days after the date of such
enrollment.’’.
(b) WAIVER OF MEDICARE PART B LATE ENROLL-
MENT PENALTY.—Section 1839 of such Act (42 U.S.C.
1395r) is amended by adding at the end the following new
subsection:
‘‘(h) The increase in premiums required under sub-
section (b) due to late enrollment under this part shall
not apply to an individual who enrolls under this part pur-
suant to a special enrollment period provided under sec-
tion 1837(j).’’.
(c) MEDIGAP SPECIAL OPEN ENROLLMENT PE-
RIOD.—Section 1882 of such Act (42 U.S.C. 1395ss) is
amended by adding at the end the following new sub-
section:
‘‘(u) Notwithstanding any other provision of law, an
issuer of a medicare supplemental policy—
‘‘(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 individual described in paragraph (1)
or (2) of section 1839(j) who seeks to enroll during a spe-
cial enrollment period provided pursuant to such section.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
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