119-hr2744

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2744 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2744

 To amend part B of title XVIII of the Social Security Act to provide 
for a special enrollment period under Medicare for individuals enrolled 
 in COBRA continuation coverage, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 8, 2025

Mr. Smucker (for himself, Mr. Bilirakis, Mrs. Houchin, Mr. Thompson of 
California, Ms. Craig, and Mr. Norcross) introduced the following bill; 
 which was referred to the Committee on Energy and Commerce, and in 
 addition to the Committees on Education and Workforce, and 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 part B of title XVIII of the Social Security Act to provide 
for a special enrollment period under Medicare for individuals enrolled 
 in COBRA continuation coverage, 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 ``Medicare Enrollment Protection Act 
of 2025''.

SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS TRANSITIONING FROM 
 COBRA CONTINUATION COVERAGE.

    (a) Special Enrollment Period for Individuals Enrolled in COBRA 
Continuation Coverage.--

Section 1837
            (i) of the Social Security Act (42 
U.S.C. 1395p
            (i) ) is amended by adding at the end the following new 
paragraph:
 ``

    (5)
        (A) In the case of an individual who--
 ``
            (i) at the time the individual first satisfies paragraph

    (1) or

    (2) of 

section 1836

    (a) , is enrolled in COBRA 
 continuation coverage (as defined in subparagraph
            (D) ); or
 ``
            (ii) is enrolled in COBRA continuation coverage and 
 immediately prior to such enrollment was an individual 
 described in paragraph

    (1) or

    (2) of this subsection,
 there shall be a special enrollment period described in 
 subparagraph
        (B) .
 ``
        (B) The special enrollment period referred to in subparagraph
        (A) is the period that includes--
 ``
            (i) each month during any part of which the individual is 
 enrolled in COBRA continuation coverage; and
 ``
            (ii) the 3-month period beginning with the first month 
 following the last month during any part of which such 
 individual is so enrolled.
 ``
            (C) An individual may only enroll during the special enrollment 
period provided under subparagraph
        (A) one time during the individual's 
lifetime.
 ``
            (D) For purposes of this paragraph, the term `COBRA continuation 
coverage' means continuation coverage beginning on or after January 1, 
2026--
 ``
            (i) under a COBRA continuation provision (as defined in 
 

section 2791
            (d) (4) of the Public Health Service Act);
 ``
            (ii) pursuant to 

section 8905a of title 5, United States 
 Code; or
 ``
            (iii) under a similar State law that provides comparable 
 continuation of group health plan coverage.''.

    (b) Coverage Period for Certain Eligible Individuals.--

Section 1838

    (e) of the Social Security Act (42 U.S.C. 1395q

    (e) ) is amended--

    (1) by striking ``pursuant to 

section 1837
            (i) (3) or 
 1837
            (i) (4)
        (B) '' and inserting the following: ``pursuant to--
 ``

    (1) section 1837
            (i) (3) or 1837
            (i) (4)
        (B) --'';

    (2) by redesignating paragraphs

    (1) and

    (2) as 
 subparagraphs
        (A) and
        (B) , respectively, and moving the 
 indentation of each such subparagraph 2 ems to the right;

    (3) by striking the period at the end of subparagraph
        (B) , 
 as so redesignated, and inserting ``; or''; and

    (4) by adding at the end the following new paragraph:
 ``

    (2) section 1837
            (i) (5) , the coverage period shall begin 
 on the first day of the month following the month in which the 
 individual so enrolls.''.
            (c) No Increase in Premium.--

Section 1839

    (b) of such Act (42 U.S.C. 
1395r

    (b) ) is amended--

    (1) in the first sentence, by inserting ``,
            (i) (5) '' after 
 ``subsection
            (i) (4) '';

    (2) in the second sentence, by inserting before the period 
 at the end the following: ``or months for which the individual 
 can demonstrate that the individual was enrolled in COBRA 
 continuation coverage (as such term is defined in 

section 1837
            (i) (5)
            (D) )''.
            (d) Coordination of Benefits.--

    (1) ERISA.--

Section 607 of the Employee Retirement Income 
 Security Act of 1974 (29 U.S.C. 1167) is amended by adding at 
 the end the following new paragraph:
 ``

    (6) Coordination of benefits.--Notwithstanding any other 
 provision of law, in the case that an individual is enrolled in 
 COBRA continuation coverage (as defined in 

section 1837
            (i) (5)
            (D) of the Social Security Act) and the individual is 
 eligible for but not enrolled in coverage under part B of title 
 XVIII of the Social Security Act, such COBRA continuation 
 coverage shall not reduce or terminate benefits under such 
 COBRA continuation coverage with respect to the individual on 
 the basis that the individual is eligible for coverage under 
 such part B or otherwise take into account such eligibility. 
 Such benefits under such COBRA continuation coverage shall be 
 provided to such an individual as if such individual were not 
 so eligible for coverage under such part B. Nothing in the 
 preceding two sentences shall require the provision of such 
 COBRA continuation coverage to an individual enrolled in 
 coverage under such part B or prohibit the termination of such 
 continuation coverage or reduction of benefits under such 
 continuation coverage in the case of an individual who enrolls 
 under such part B.''.

    (2) PHSA.--

Section 2208 of the Public Health Service Act 
 (42 U.S.C. 300bb-8) is amended--
        (A) by striking ``definitions'' and inserting 
 ``definitions and special rules''; and
        (B) by adding at the end the following new 
 paragraph:
 ``

    (5) Special rule for coordination of benefits.--
 Notwithstanding any other provision of law, in the case that an 
 individual is enrolled in COBRA continuation coverage (as 
 defined in 

section 1837
            (i) (5)
            (D) of the Social Security Act) 
 and the individual is eligible for but not enrolled in coverage 
 under part B of title XVIII of the Social Security Act, such 
 COBRA continuation coverage shall not reduce or terminate 
 benefits under such COBRA continuation coverage with respect to 
 the individual on the basis that the individual is eligible for 
 coverage under such part B or otherwise take into account such 
 eligibility. Such benefits under such COBRA continuation 
 coverage shall be provided to such an individual as if such 
 individual were not so eligible for coverage under such part B. 
 Nothing in the preceding two sentences shall require the 
 provision of such COBRA continuation coverage to an individual 
 enrolled in coverage under such part B or prohibit the 
 termination of such continuation coverage or reduction of 
 benefits under such continuation coverage in the case of an 
 individual who enrolls under such part B.''.

    (3) IRC.--

Section 4980B

    (g) of the Internal Revenue Code of 
 1986 is amended--
        (A) by striking ``Definitions'' and inserting 
 ``Definitions and Special Rules''; and
        (B) by adding at the end the following new 
 paragraph:
 ``

    (5) Special rule for coordination of benefits.--
 Notwithstanding any other provision of law, in the case that an 
 individual is enrolled in COBRA continuation coverage (as 
 defined in 

section 1837
            (i) (5)
            (D) of the Social Security Act) 
 and the individual is eligible for but not enrolled in coverage 
 under part B of title XVIII of the Social Security Act, such 
 COBRA continuation coverage shall not reduce or terminate 
 benefits under such COBRA continuation coverage with respect to 
 the individual on the basis that the individual is eligible for 
 coverage under such part B or otherwise take into account such 
 eligibility. Such benefits under such COBRA continuation 
 coverage shall be provided to such an individual as if such 
 individual were not so eligible for coverage under such part B. 
 Nothing in the preceding two sentences shall require the 
 provision of such COBRA continuation coverage to an individual 
 enrolled in coverage under such part B or prohibit the 
 termination of such continuation coverage or reduction of 
 benefits under such continuation coverage in the case of an 
 individual who enrolls under such part B.''.

    (e) Updating COBRA Continuation Coverage Notifications.--Not later 
than January 1, 2026, the Secretary of Labor, in consultation with the 
Secretary of Health and Human Services, shall update the written 
notices required under 

section 606 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1166) to include an explanation of the 
full scope of the Medicare secondary payer rules under 

section 1862

    (b) of the Social Security Act (42 U.S.C. 1395y

    (b) ), including how such 
rules apply with respect to COBRA continuation coverage (as defined in 

section 1837
            (i) (5)
            (D) of the Social Security Act (42 U.S.C. 
1395p
            (i) (5)
            (D) )).
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