I 
111TH CONGRESS 
2D SESSION 
H. R. 4473 
To amend title XVIII of the Social Security Act to establish an extended 
special enrollment period for individuals to enroll in part B of Medicare. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2010 
Mr. SCHRADER introduced the following bill; which was referred to the Com-
mittee on Energy and 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 title XVIII of the Social Security Act to establish 
an extended special enrollment period for individuals to 
enroll in part B of Medicare. 
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 Medicare Pro-
tection Act of 2010’’. 
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SEC. 2. MEDICARE PART B EXTENDED SPECIAL ENROLL-
MENT PERIOD. 
(a) IN GENERAL.—Section 1837(i) of the Social Se-
curity 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) at the time the individual first satisfies 
paragraph (1) or (2) of section 1836, is enrolled in 
a 
group 
health 
plan 
described 
in 
section 
1862(b)(1)(A)(v) by reason of the individual’s (or 
the individual’s spouse’s) current employment sta-
tus, 
‘‘(ii) has elected not to enroll (or to be deemed 
enrolled) under this section during the individual’s 
initial enrollment period, and 
‘‘(iii) has not elected to enroll pursuant to the 
special enrollment period under paragraph (3), 
there shall be an extended special enrollment period de-
scribed in subparagraph (B). 
‘‘(B) The extended special enrollment period referred 
to in subparagraph (A) is the 24-month period beginning 
on the first day of the month following the end of the spe-
cial enrollment period described in paragraph (3).’’. 
(b) COVERAGE PERIOD.—Section 1838(a)(2) of such 
Act (42 U.S.C. 1395q(a)(2)) is amended— 
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(1) in subparagraph (E), by striking the semi-
colon and inserting a comma; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F) In the case of an individual who en-
rolls pursuant to subsection (i)(5) of section 
1837, the first day of the month following the 
month in which he so enrolls; or’’. 
(c) AMOUNT OF PREMIUM.—Section 1839 of such 
Act (42 U.S.C. 1395r) is amended— 
(1) in subsection (a)(2), by striking ‘‘and (i)’’ 
and inserting ‘‘(i), and (j)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(j) TEMPORARY INCREASE IN PREMIUM BASED ON 
ENROLLMENT PURSUANT TO EXTENDED SPECIAL EN-
ROLLMENT PERIOD.— 
‘‘(1) IN GENERAL.—In the case of an individual 
whose coverage period began pursuant to an ex-
tended special enrollment period under section 
1837(i)(5), the monthly premium determined under 
subsection (a), adjusted in accordance with sub-
section (i), shall be increased by 25 percent of the 
monthly premium (as so adjusted) for months de-
scribed in paragraph (2). 
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‘‘(2) APPLICATION OF PREMIUM.—In the case 
that an individual enrolls pursuant to the extended 
special enrollment period described in subsection 
(i)(5) of section 1837— 
‘‘(A) during a general enrollment period 
described in subsection (e) of such section, the 
premium increase under paragraph (1) shall 
apply to months before the month of July fol-
lowing the date of enrollment; or 
‘‘(B) other than during such general en-
rollment period, such premium increase shall 
apply to months before the month of July in 
the calendar year following the year of enroll-
ment. 
‘‘(3) REDUCTION OR WAIVER OF TEMPORARY 
INCREASE IN PREMIUM.—The Secretary may reduce 
or waive the premium increase under paragraph (1) 
for an individual described in such paragraph if it 
can be demonstrated to the satisfaction of the Sec-
retary that such individual made a good faith effort 
to enroll during a special enrollment period (of 
which such individual was eligible to enroll) under 
section 1837(i)(3).’’. 
(d) TRANSITION RULE.—In the case of an individual 
who had a special enrollment period under paragraph (3) 
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of section 1837(i) of the Social Security Act (42 U.S.C. 
1395p(i)) that ended within the 24-month period ending 
on the date of the enactment of this section and who did 
not enroll under part B of title XVIII of such Act during 
or after such period and before the date of the enactment 
of this section, the individual shall have an extended spe-
cial enrollment period under paragraph (5) of such section 
1837(i) during the 24-month period beginning on the first 
day of the first month beginning after such date of enact-
ment. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
month beginning more than 120 days after the date of 
enactment of this section. 
Æ 
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