I 
114TH CONGRESS 
2D SESSION 
H. R. 6184 
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 
SEPTEMBER 27, 2016 
Mr. DOLD (for himself and Mr. SCHRADER) introduced the following bill; 
which was referred 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 juris-
diction 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’’. 
VerDate Sep 11 2014 
00:23 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6184.IH
H6184
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS 
TRANSITIONING 
FROM 
COBRA 
CONTINU-
ATION COVERAGE. 
(a) SPECIAL ENROLLMENT PERIOD FOR INDIVID-
UALS ENROLLED IN COBRA CONTINUATION COVERAGE.— 
Section 1837(i) of the Social Security Act (42 U.S.C. 
1395p(i)) is amended by adding at the end the following 
new paragraph: 
‘‘(5)(A) In the case of an individual who— 
‘‘(i)(I) at the time the individual first 
satisfies paragraph (1) or (2) of section 
1836, is enrolled in COBRA continuation 
coverage (as defined in subparagraph (D)); 
or 
‘‘(II) is enrolled in COBRA continu-
ation coverage (and made such enrollment 
after attaining 65 years of age) and imme-
diately prior to such enrollment was an in-
dividual 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 de-
scribed in subparagraph (B). 
VerDate Sep 11 2014 
00:23 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6184.IH
H6184
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) The special enrollment period referred to 
in subparagraph (A) is the period that includes each 
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)—’’; 
VerDate Sep 11 2014 
00:23 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6184.IH
H6184
SSpencer on DSK4SPTVN1PROD with BILLS
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and mov-
ing the indentation of each such subparagraph 2 
ems to the right; 
(3) by striking the period at the end of the sub-
paragraph (B), as so redesignated, and inserting ‘‘; 
or’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) section 1837(i)(5), the coverage period 
shall begin on the first day of the month following 
the month in which the individual so enrolls.’’. 
(c) NO INCREASE IN PREMIUM.—Section 1839(b) of 
such Act (42 U.S.C. 1395r(b)) is amended— 
(1) in the first sentence, by inserting ‘‘, (i)(5),’’ 
after ‘‘subsection (i)(4)’’; and 
(2) in the second sentence, by inserting before 
the period at the end the following: ‘‘or months for 
which the individual can demonstrate that the indi-
vidual was enrolled in COBRA continuation coverage 
(as such term is defined in section 1837(i)(5)(D)).’’. 
(d) UPDATING COBRA CONTINUATION COVERAGE 
NOTIFICATIONS.—The Secretary of Labor, in consultation 
with the Secretary of Health and Human Services, shall 
update the COBRA continuation coverage election notice 
VerDate Sep 11 2014 
00:23 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6184.IH
H6184
SSpencer on DSK4SPTVN1PROD with BILLS
and COBRA continuation coverage general notice required 
under section 606 of the Employee Retirement Income Se-
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 
VerDate Sep 11 2014 
00:23 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H6184.IH
H6184
SSpencer on DSK4SPTVN1PROD with BILLS