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H.R. 6662 - Empowering Seniors’ Enrollment Decision Act of 2018

Sponsor: Erik Paulsen (R)
Introduced: 2018-09-17
Bill Status: Received in the Senate and Read twice and referred to the Committee on Finance.
 

Empowering Seniors' Enrollment Decision Act of 2018

This bill provides statutory authority for the extension of a special enrollment period under Medicare Advantage (MA) to enrollees in certain Medicare Cost plans that are not transitioning into qualifying MA plans. Current regulations allow such enrollees (i.e., non-deemed individuals) to participate in the special enrollment period.

Full Text


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.

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 “Empowering Seniors’ Enrollment Decision Act of 2018”.

SEC. 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.

    Attest:karen l. haas,   
    Clerk.

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