Section 1 Short title
This Act may be cited as the “Medicare Beneficiary Preservation of Choice Act of 2015”.
Medicare Beneficiary Preservation of Choice Act of 2015
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Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 3204(a) of the Patient Protection and Affordable Care Act.
Sec. 2 Preservation of Medicare beneficiary choice under Medicare Advantage
Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w–21(e)(2)) is amended—
in subparagraph (C)—
in the heading, by inserting “from 2011 through 2015” after “45-day period”; and
by inserting “and ending with 2015” after “beginning with 2011”; and
by adding at the end the following new subparagraph:
“(G) Continuous open enrollment and disenrollment for first 3 months in 2016 and subsequent years
“(i) In general—Subject to clause (ii) and subparagraph (D), at any time during the first 3 months of a year (beginning with 2016), or, if the individual first becomes a Medicare Advantage eligible individual during a year (beginning with 2016), 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 change the election pursuant to 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—Clauses (i) and (ii) 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.
“(iv) Limitations on marketing—Pursuant to subsection (j), no unsolicited marketing or marketing materials may be sent to an individual described in clause (i) during the continuous open enrollment and disenrollment period established for the individual under such clause.”