117th CONGRESS 1st Session |
To amend title XVIII to provide for certain Medigap coverage for Medicare beneficiaries with end-stage renal disease, and for other purposes.
March 9, 2021
Mrs. Axne (for herself, Ms. Herrera Beutler, and Mr. Carson) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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
To amend title XVIII to provide for certain Medigap coverage for Medicare beneficiaries with end-stage renal disease, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Jack Reynolds Memory Medigap Expansion Act”.
SEC. 2. Medigap coverage for beneficiaries with end-stage renal disease.
(a) Guaranteed availability of Medigap policies to all ESRD medicare beneficiaries.—
(1) IN GENERAL.—Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended—
(i) in subparagraph (A), by striking “is 65” and all that follows through the period at the end and inserting the following: “is—
“(i) 65 years of age or older and is enrolled for benefits under part B; or
“(ii) is entitled to benefits under 226A(b) and is enrolled for benefits under part B.”; and
(ii) in subparagraph (D), in the matter preceding clause (i), by inserting “(or is entitled to benefits under 226A(b))” after “is 65 years of age or older”; and
(i) in clause (ii), by inserting “(or is entitled to benefits under 226A(b))” after “is 65 years of age or older”; and
(ii) in clause (vi), by inserting “(or under 226A(b))” after “at age 65”.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to Medicare supplemental policies effective on or after January 1, 2022.
(b) Additional enrollment period for certain individuals.—
(1) ONE-TIME ENROLLMENT PERIOD.—
(A) IN GENERAL.—In the case of an individual described in paragraph (2), the Secretary of Health and Human Services shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy under section 1882 of the Social Security Act (42 U.S.C. 1395ss) of the individual’s choosing.
(B) ENROLLMENT PERIOD.—The enrollment period established under subparagraph (A) shall begin on January 1, 2022, and shall end June 30, 2022.
(2) INDIVIDUAL DESCRIBED.—An individual described in this paragraph is an individual who—
(A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act under section 226A(b) of such Act (42 U.S.C. 426–1(b));
(B) is enrolled for benefits under part B of such title XVIII; and
(C) would not, but for the provisions of, and amendments made by, subsection (a) be eligible for the guaranteed issue of a Medicare supplemental policy under paragraph (2) or (3) of section 1882(s) of such Act (42 U.S.C. 1395ss(s)).
SEC. 3. Allowing individuals with kidney failure to retain access to private insurance.
(a) In general.—Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended—
(1) in the last sentence, by inserting “and before January 1, 2021” after “prior to such date”; and
(2) by adding at the end the following new sentence: “Effective for items and services furnished on or after January 1, 2021 (with respect to periods beginning on or after the date that is 42 months prior to such date), clauses (i) and (ii) shall be applied by substituting ‘42-month’ for ‘12-month’ each place it appears.”.
(b) Effective date.—The amendments made by this subsection shall take effect on the date of enactment of this Act. For purposes of determining an individual’s status under section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)), as amended by subsection (a), an individual who is within the coordinating period as of the date of enactment of this Act shall have that period extended to the full 42 months described in the last sentence of such section, as added by the amendment made by subsection (a)(2).