I 
113TH CONGRESS 
1ST SESSION H. R. 3512 
To amend title XVIII of the Social Security Act to facilitate the transition 
to Medicare for individuals enrolled in group health plans, to establish 
a 3-month open enrollment period under Medicare Advantage, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2013 
Mr. HECK of Nevada introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on En-
ergy and Commerce, 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 facilitate 
the transition to Medicare for individuals enrolled in 
group health plans, to establish a 3-month open enroll-
ment period under Medicare Advantage, 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 ‘‘Seniors’ Health Care 
Choice Act of 2013’’. 
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SEC. 2. FACILITATING TRANSITION TO MEDICARE FOR IN-
DIVIDUALS ENROLLED IN GROUP HEALTH 
PLANS. 
(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) at the time the individual first satisfies 
paragraph (1) or (2) of section 1836, is enrolled in 
COBRA continuation coverage (as defined in sub-
paragraph (D)); 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 sub-
paragraph (B). 
‘‘(B) The special enrollment period referred to in sub-
paragraph (A) is the period that includes each month dur-
ing any part of which the individual is enrolled in COBRA 
continuation coverage. 
‘‘(C) An individual may only enroll during the special 
enrollment period provided under subparagraph (B) one 
time during the individual’s lifetime. 
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‘‘(D) For purposes of this paragraph, the term 
‘COBRA continuation coverage’ means continuation cov-
erage— 
‘‘(i) under a COBRA continuation provision (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.’’. 
(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: 
‘‘pursuant 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-
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 
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(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.’’. 
SEC. 3. 3-MONTH OPEN ENROLLMENT PERIOD FOR MEDI-
CARE ADVANTAGE. 
(a) IN GENERAL.—Section 1851(e)(2) of the Social 
Security Act (42 U.S.C. 1395w–1(e)(2)) is amended— 
(1) in subparagraph (C), by inserting ‘‘and end-
ing with 2013’’ after ‘‘(beginning with 2011’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F) CONTINUOUS
OPEN
ENROLLMENT 
AND DISENROLLMENT FOR FIRST 3 MONTHS IN 
SUBSEQUENT YEARS.—Subject to subparagraph 
(D), at any time during the first 3 months of 
a year (beginning with 2014), or, if the indi-
vidual first becomes a Medicare Advantage eli-
gible individual during a year after 2014, dur-
ing the first 3 months of such year in which the 
individual is a Medicare Advantage eligible indi-
vidual, a Medicare Advantage eligible individual 
may change the election under subsection 
(a)(1).’’. 
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(b) 
CONFORMING
AMENDMENT.—Section 
1851(e)(2)(B)(i) of the Social Security Act (42 U.S.C. 
1395w–21(e)(2)(B)(i)) is amended by striking ‘‘, subpara-
graph(C)(iii),’’. 
Æ 
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