[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 832 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 832

 To amend title XVIII of the Social Security Act to provide waiver of 
   late enrollment penalty and establishment of a special enrollment 
   period under part B of the medicare program for certain military 
  retirees and dependents living near military bases that are closed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1993

   Mr. Pete Geren of Texas introduced the following bill; which was 
  referred jointly to the Committees on Ways and Means and Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to provide waiver of 
   late enrollment penalty and establishment of a special enrollment 
   period under part B of the medicare program for certain military 
  retirees and dependents living near military bases that are closed.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER OF LATE ENROLLMENT PENALTY AND ESTABLISHMENT OF 
              SPECIAL ENROLLMENT PERIOD FOR CERTAIN MILITARY RETIREES 
              AND DEPENDENTS.

    (a) Waiver of Medicare Part B Late Enrollment Penalty.--Section 
1839 of the Social Security Act (42 U.S.C. 1395r) is amended by adding 
at the end the following new subsection:
    ``(g)(1) The increase in premiums under subsection (b) due to late 
enrollment under this part shall not apply to an individual described 
in paragraph (2) who enrolls under this program during a special 
enrollment period beginning after the date of announcement (as defined 
in paragraph (3)(C)) of a closure of the individual's military 
treatment facility and not later than the special enrollment period 
provided under section 1837(j).
    ``(2) An individual described in this paragraph is an individual--
            ``(A) who, as of the date of the announcement of the 
        closure of the individual's military treatment facility is 65 
        years of age or older;
            ``(B) who is a member or former member of a uniformed 
        service, or is a dependent of such member, and is eligible for 
        health care under section 1074(b) or 1076(b) of title 10, 
        United States Code;
            ``(C) who has never, since attaining age 65, been enrolled 
        under this part;
            ``(D) who, since attaining the age of 65, has continuously 
        maintained a primary residence within 100 miles of a military 
        treatment facility; and
            ``(E) with respect to whom the condition described in 
        pargraph (3) is met.
    ``(3) The condition described in this paragraph is met with respect 
to an individual when the closure of the individual's military 
treatment facility (as defined in paragraph (4)(C)) has been announced.
    ``(4) In this subsection:
            ``(A) A facility's closure is considered to be `announced' 
        as of the date of the submission to Congress under a base 
        closure law of a report recommending the closure of the 
        military base at which the facility is located.
            ``(B) The term `base closure law' has the meaning given 
        such term in section 2825(c) of the National Defense 
        Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
        102-190).
            ``(C) The term `closure of an individual's military 
        treatment facility' means, with respect to an individual, the 
        closure under a base closure law of the last military treatment 
        facility within 100 miles of the primary residence of the 
        individual.
    (b) Special Enrollment Period.--Section 1837 of such Act (42 U.S.C. 
1395p) is amended by adding at the end the following new subsection:
    ``(j) In the case of an individual described in section 1839(g)(2), 
there shall be a 90-day special enrollment period beginning 45 days 
before the scheduled date of the closure of the individual's military 
treatment facility (as defined in section 1839(g)(4)(C)).''.
    (c) Coverage Period For Special Enrollments.--Section 1838 of such 
Act (42 U.S.C. 1395q) is amended by adding at the end the following new 
subsection:
    ``(f) Notwithstanding subsection (a), in the case of an individual 
who enrolls during a special enrollment period pursuant to section 
1837(j), the coverage period shall begin on the first day of the month 
that begins at least 15 days after the date of such enrollment.''.

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