1. Short title
This Act may be cited as the “Medicare Beneficiary Preservation of Choice Act of 2013”.
Medicare Beneficiary Preservation of Choice Act of 2013
A BILL
To preserve Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 3204(a) of the Patient Protection and Affordable Care Act.
2. Preservation of Medicare beneficiary choice under Medicare Advantage
In general— Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w–21(e)(2)) is amended by amending subparagraph (C), as amended by section 3204(a) of the Patient Protection and Affordable Care Act (Public Law 111–148), to read as follows:
“(C) Continuous open enrollment and disenrollment for first 3 months in subsequent years
“(i) In general—Subject to clause (ii) and subparagraph (D), at any time during the first 3 months of a year, or, if the individual first becomes a Medicare Advantage eligible individual during a year, during the first 3 months of such year in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1).
“(ii) Limitation of one change during open enrollment period each year—An individual may exercise the right under clause (i) only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4).
“(iii) Limited application to part D—The previous provisions of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan.”
Conforming amendment— Section 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by striking “, (C),”.
Effective date— The amendments made by this section shall apply with respect to 2014 and succeeding years.