I 
111TH CONGRESS 
2D SESSION 
H. R. 6502 
To preserve Medicare beneficiary choice by restoring and expanding the Medi-
care open enrollment and disenrollment opportunities repealed by section 
3204(a) of the Patient Protection and Affordable Care Act. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2010 
Mr. GONZALEZ introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To preserve Medicare beneficiary choice by restoring and 
expanding 
the 
Medicare 
open 
enrollment 
and 
disenrollment opportunities repealed by section 3204(a) 
of the Patient Protection and Affordable Care Act. 
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 Beneficiary 
Preservation of Choice Act of 2010’’. 
VerDate Mar 15 2010 
03:52 Dec 09, 2010
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6502.IH
H6502
sroberts on DSK3CLS3C1PROD with BILLS
SEC. 
2. 
PRESERVATION 
OF 
MEDICARE 
BENEFICIARY 
CHOICE UNDER MEDICARE ADVANTAGE. 
(a) IN GENERAL.—Section 1851(e)(2) of the Social 
Security Act (42 U.S.C. 1395w–21(e)(2)) is amended by 
amending subparagraph (C), as amended by section 
3204(a) of the Patient Protection and Affordable Care Act 
(Public Law 111–148), to read as follows: 
‘‘(C) CONTINUOUS
OPEN
ENROLLMENT 
AND DISENROLLMENT FOR FIRST 3 MONTHS IN 
SUBSEQUENT YEARS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii) and subparagraph (D), at any time 
during the first 3 months of a year, or, if 
the individual first becomes a Medicare 
Advantage eligible individual during a 
year, during the first 3 months of such 
year in which the individual is a Medicare 
Advantage eligible individual, a Medicare 
Advantage eligible individual may change 
the election under subsection (a)(1). 
‘‘(ii) LIMITATION
OF
ONE
CHANGE 
DURING OPEN ENROLLMENT PERIOD EACH 
YEAR.—An individual may exercise the 
right under clause (i) only once during the 
applicable 3-month period described in 
such clause in each year. The limitation 
VerDate Mar 15 2010 
03:52 Dec 09, 2010
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6502.IH
H6502
sroberts on DSK3CLS3C1PROD with BILLS
under this clause shall not apply to 
changes in elections effected during an an-
nual, coordinated election period under 
paragraph (3) or during a special enroll-
ment period under paragraph (4). 
‘‘(iii) LIMITED APPLICATION TO PART 
D.—The previous provisions of this sub-
paragraph shall only apply with respect to 
changes in enrollment in a prescription 
drug plan under part D in the case of an 
individual who, previous to such change in 
enrollment, is enrolled in a Medicare Ad-
vantage plan.’’. 
(b) CONFORMING AMENDMENT.—Section 1860D– 
1(b)(1)(B)(iii) 
of 
such 
Act 
(42 
U.S.C. 
1395w– 
101(b)(1)(B)(iii)) is amended by striking ‘‘, (C),’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to 2011 and suc-
ceeding years. 
Æ 
VerDate Mar 15 2010 
03:52 Dec 09, 2010
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H6502.IH
H6502
sroberts on DSK3CLS3C1PROD with BILLS