[Congressional Bills 112th Congress] [From the U.S. Government Publishing Office] [H.R. 6435 Introduced in House (IH)] 112th CONGRESS 2d Session H. R. 6435 To amend title XVIII of the Social Security Act to clarify the application of Medicare special enrollment periods and secondary payer rules to employer coverage of family members of employees. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 19, 2012 Mr. Stark (for himself and Mr. Rangel) 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 clarify the application of Medicare special enrollment periods and secondary payer rules to employer coverage of family members of employees. 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 ``Medicare Secondary Payer and Late Enrollment Penalty Family Fairness Act of 2012''. SEC. 2. FAIR TREATMENT OF FAMILY MEMBERS OF EMPLOYEES UNDER MEDICARE SPECIAL ENROLLMENT PERIODS AND UNDER SECONDARY PAYER RULES. (a) Special Enrollment Periods.--Paragraphs (1)(A), (2)(B), and (2)(C) of section 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) are each amended by striking ``individual's (or the individual's spouse's) current employment status'' and inserting ``the individual's current employment status (or the current employment status of a family member of the individual)''. (b) Secondary Payer Rules.--Section 1862(b) of such Act (42 U.S.C. 1395y(b)) is amended-- (1) in paragraph (1)(A)(i)(I), by striking ``the individual's spouse'' and inserting ``a family member of the individual''; (2) in paragraph (1)(A)(i)(II), by striking ``the spouse'' and ``(or spouse)'' and inserting ``a family member'' and ``(or family member)'', respectively; and (3) in paragraph (5)(C)(i), by striking ``spouse'' and inserting ``family member''. (c) Conforming Amendment to Late Enrollment Penalty.--Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking ``individual's (or the individual's spouse's) current employment'' and inserting ``the individual's current employment status (or the current employment status of a family member of the individual)''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2013, and shall apply to months beginning on or after such date. <all>