IIB 115th CONGRESS 2d Session H. R. 6662 IN THE SENATE OF THE UNITED STATES September 17, 2018 Received; read twice and referred to the Committee on Finance AN ACT To amend title XVIII of the Social Security Act to extend the special election period under part C of the Medicare program for certain deemed individuals enrolled in a reasonable cost reimbursement contract to any Medicare Advantage eligible individual enrolled in such a contract during the final year such contract is extended, and for other purposes.

1. Short title This Act may be cited as the Empowering Seniors’ Enrollment Decision Act of 2018 . 2. Extending the special election period under part C of the Medicare program for certain deemed individuals enrolled in a reasonable cost reimbursement contract to any MA eligible individual enrolled in such a contract during the final year such a contract is extended; Extending conversions of reasonable cost reimbursement contracts to MA plans (a) Extending the special election period under part C of the Medicare program for certain deemed individuals enrolled in a reasonable cost reimbursement contract to any MA eligible individual enrolled in such a contract during the final year such a contract is extended (1) In general Section 1851(e)(2)(F) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(2)(F) ) is amended— (A) in the header, by striking deemed elections and inserting individuals enrolled in a reasonable cost reimbursement contract ; and (B) by amending clause (i) to read as follows: (i) In general With respect to a reasonable cost reimbursement contract under section 1876(h) that is not extended or renewed, an individual enrolled in the contract for the final year in which such contract is extended or renewed may, at any time during the period beginning after the last day of the annual, coordinated election period under paragraph (3) occurring during such final year and ending on the last day of February of the first plan year following such final year, change the election under subsection (a)(1) (including changing the MA plan or MA–PD plan in which the individual is enrolled) for such first plan year following such final year. . (2) Clarification relating to deemed individuals enrolled in a reasonable reimbursement contract Section 1851(c)(4)(A) of the Social Security Act ( 42 U.S.C. 1395w–21(c)(4)(A) ) is amended— (A) by amending clause (ii) to read as follows: (ii) such previous plan year was the final year in which such contract was extended or renewed; ; and (B) in clause (iii) by striking subclause (III) of such section and inserting section 1876(h)(5)(C)(iv)(IV) . (b) Extending conversions of reasonable cost reimbursement contracts to MA plans Section 1876(h)(5)(C) of the Social Security Act ( 42 U.S.C. 1395mm(h)(5)(C) ) is amended— (1) in clause (iv)— (A) in subclause (I), by striking the last sentence; (B) by redesignating subclauses (I) through (V) as subclauses (II) through (VI), respectively; (C) by inserting before subclause (II), as so redesignated, the following subclause: (I) The final year in which such contract is extended or renewed is referred to in this subsection as the last reasonable cost reimbursement contract year for the contract . ; and (D) in subclause (V), as so redesignated, by striking subclause (III) and inserting subclause (IV) ; and (2) in clause (v), by striking that is extended or renewed pursuant to clause (iv) provides the notice described in clause (iv)(III) and inserting that is not to be extended or renewed provides the notice described in clause (iv)(IV) .

Passed the House of Representatives September 12, 2018. Karen L. Haas, Clerk.