Title: Seniors’ Health Care Choice Act of 2019
Policy area: Health

Summary:
Seniors' Health Care Choice Act of 2019
This bill creates a special Medicare enrollment period for individuals enrolled in, or transitioning out of, continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA)—a federal law that allows an individual to maintain health coverage following loss of coverage due to termination of employment or another qualifying event.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1657 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1657

   To amend title XVIII of the Social Security Act to facilitate the 
transition to Medicare for individuals enrolled in group health plans, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2019

 Mr. Smucker introduced the following bill; which was referred to the 
 Committee 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 facilitate the 
transition to Medicare for individuals enrolled in group health plans, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 
2019''.

SEC. 2. FACILITATING TRANSITION TO MEDICARE FOR INDIVIDUALS ENROLLED IN 
              GROUP HEALTH PLANS.

    (a) Special Enrollment Period for Individuals 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) 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)); 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 subparagraph 
(B).
    ``(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 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.
    ``(D) For purposes of this paragraph, the term `COBRA continuation 
coverage' means continuation coverage--
            ``(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 Coverage.--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 moving the 
        indentation of each such subparagraph 2 ems to the right;
            (3) by striking the period at the end of the subparagraph 
        (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.''.
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