I
104TH CONGRESS
1ST SESSION
H. R. 2729
To amend the Social Security Act to provide for the waiver of the Medicare
part B late enrollment penalty and the establishment of a special enroll-
ment period for certain military retirees and their dependents.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 6, 1995
Mr. MATSUI (for himself, Mr. STARK, Mr. SERRANO, Ms. PELOSI, Mr. ACKER-
MAN, Mr. FROST, Mr. FATTAH, Mr. ROSE, Mrs. THURMAN, Mr. FILNER,
Ms. BROWN of Florida, Mr. PICKETT, Mr. SCOTT, Mr. GENE GREEN of
Texas, Mr. BARCIA, Mr. JOHNSTON of Florida, and Mr. FAZIO of Califor-
nia) introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committee on Ways and Means,
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 the Social Security Act to provide for the waiver
of the Medicare part B late enrollment penalty and the
establishment of a special enrollment period for certain
military retirees and their dependents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. WAIVER OF MEDICARE PART B LATE ENROLL-
MENT PENALTY AND ESTABLISHMENT OF
SPECIAL ENROLLMENT PERIOD FOR CER-
TAIN MILITARY RETIREES AND DEPENDENTS.
Section 1837 of the Social Security Act (42 U.S.C.
1395p) is amended by adding at the end the following new
subsection:
‘‘(j)(1) The Secretary shall make special provisions
for the enrollment of an individual who is a covered bene-
ficiary under chapter 55 of title 10, United States Code,
and who is affected adversely by the closure of a military
medical treatment facility of the Department of Defense
pursuant to a closure or realignment of a military installa-
tion.
‘‘(2) The special enrollment provisions required by
paragraph (1) shall be established in regulations issued
by the Secretary. The regulations shall—
‘‘(A) identify individuals covered by paragraph
(1) in accordance with regulations providing for such
identification that are prescribed by the Secretary of
Defense;
‘‘(B) provide for a special enrollment period of
at least 90 days to be scheduled at some time proxi-
mate to the date on which the military medical
treatment facility involved is scheduled to be closed;
and
‘‘(C) provide that, with respect to individuals
who enroll pursuant to paragraph (1), the increase
in premiums under section 1839(b) due to late en-
rollment under this part shall not apply.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘covered beneficiary’ has the
meaning given such term in section 1072(5) of title
10, United States Code;
‘‘(B) the term ‘military medical treatment facil-
ity’ means a facility of a uniformed service referred
to in section 1074(a) of title 10, United States Code,
in which health care is provided; and
‘‘(C) the terms ‘military installation’ and ‘re-
alignment’ have the meanings given such terms—
‘‘(i) in section 209 of the Defense Author-
ization Amendments and Base Closure and Re-
alignment Act (10 U.S.C. 2687 note), in the
case of a closure or realignment under title II
of such Act;
‘‘(ii) in section 2910 of the Defense Base
Closure and Realignment Act of 1990 (title
XXIX of Public Law 101–510; 10 U.S.C. 2687
note), in the case of a closure or realignment
under such Act; or
‘‘(iii) in subsection (e) of section 2687 of
title 10, United States Code, in the case of a
closure or realignment under such section.’’.
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