I 117th CONGRESS 2d Session H. R. 9368 IN THE HOUSE OF REPRESENTATIVES November 30, 2022 Mr. Gohmert 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 limit certain late enrollment penalties under the Medicare program.

1. Short title This Act may be cited as the Helping End Lifetime Penalties Act of 2022 . 2. Limiting certain late enrollment penalties under the Medicare program (a) Parts A and B Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) ) is amended— (1) in the first sentence, by inserting for each of the first 12 months in which such individual is so enrolled after shall be increased ; and (2) by adding at the end the following new sentences: In the case of an individual who is subject to an increase under this subsection for one or more months with respect to a continuous period of eligibility and who terminates a coverage period during such continuous period of eligibility and subsequently reenrolls during the same continuous period of eligibility, such individual shall be subject to an increase under this subsection for each of the first 12 months in which such individual is so reenrolled (or, in the case such individual was subject to less than 12 months of an increase under this subsection with respect to a previous enrollment during the same continuous period of eligibility, for each of the first 12 months beginning with the month after the last month of application of any otherwise applicable increase under this subsection). In calculating the amount of any increase imposed under this subsection pursuant to the preceding sentence with respect to the termination of coverage and reenrollment of an individual, there shall only be taken into account months that are described paragraph (2) of the second sentence of this subsection with respect to such termination and reenrollment. . (b) Part D Section 1860D–13(b)(1) of the Social Security Act ( 42 U.S.C. 1395w–113(b)(1) ) is amended— (1) by inserting , for each of the first 12 months in which such individual is enrolled in a prescription drug plan under this part with respect to such continuous period, after subsection (a) ; and (2) by adding at the end the following new sentences: In the case of an individual who is subject to an increase under this subsection for one or more months with respect to a continuous period of eligibility and who terminates a coverage period during such continuous period of eligibility and subsequently reenrolls during the same continuous period of eligibility, such individual shall be subject to an increase under this subsection for each of the first 12 months in which such individual is so reenrolled (or, in the case such individual was subject to less than 12 months of an increase under this subsection with respect to a previous enrollment during the same continuous period of eligibility, for each of the first 12 months beginning with the month after the last month of application of any otherwise applicable increase under this subsection). In calculating the amount of any increase imposed under this subsection pursuant to the preceding sentence with respect to the termination of coverage and reenrollment of an individual, the term uncovered month shall only include those months occurring during the period beginning with such termination and ending with such reenrollment. .