US Codex
Bill
Notes

Title II — Medicare

S. 3740 · 116th Congress · May 14, 2020 · Lineage

II Medicare

Sec. 201 Fairness in Medicare enrollment and coverage periods

(a)
Elimination of Medicare coverage gaps for new enrollees— In the case of an individual who enrolled under part A of title XVIII of the Social Security Act during the general enrollment period under section 1818 of such Act (42 U.S.C. 1395i–2) or enrolled under part B of such title during the general enrollment period under section 1837(e) of such Act (42 U.S.C. 1395p(e)), the following shall apply:
(1)
Coverage period— Notwithstanding subsection (c) of such section 1818 and subsection (a)(2)(E) of section 1838 of such Act (42 U.S.C. 1395q), such individual's coverage period under such sections 1818 and 1838 shall begin on April 1, 2020, rather than on July 1, 2020.
(2)
Installment plan for retroactive premium payments— Notwithstanding subsection (d) of such section 1818 and section 1839 of such Act (42 U.S.C. 1395r), if the individual is required to make any back payments of the monthly premium under such subsection (d) or such section 1839 by reason of the retroactive coverage period under paragraph (1), the Secretary of Health and Human Services shall permit the individual, if requested by the individual, to pay such back payments in installments, as determined by the Secretary.
(b)
Special part B open enrollment period relating to the COVID–19 public health emergency—
(1)
Enrollment— Section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection:

“(m) Special open enrollment period relating to the COVID–19 public health emergency—In the case of any individual who is eligible to enroll but who has elected not to enroll (or to be deemed enrolled) under this part, there shall be a special enrollment period during the emergency period described in section 1135(g)(1)(B).”

(2)
Coverage period— Section 1838 of the Social Security Act (42 U.S.C. 1395q) is amended by adding at the end the following new subsection:

“(g) Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to section 1837(m), the coverage period under this part shall begin on the date the individual applied for such enrollment (but in no case earlier than January 31, 2020).”

(3)
Conforming amendment— Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended, in the first sentence, by striking “or (l)” and inserting “(l), or (m)”.

Sec. 202 Permitting an attestation of employment-based health insurance coverage during the COVID–19 public health emergency

Subsection (b) of section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended by inserting the following after the second sentence: “With respect to enrollments under this part during the emergency period described in section 1135(g)(1)(B), for purposes of demonstrating enrollment in a group health plan or a large group health plan for a period of time under the preceding sentence, the Secretary shall accept an attestation from an individual regarding the individual's coverage during such period in lieu of the individual providing otherwise required documentation.”.

Sec. 203 Suspension of the Medicare part D low-income subsidy asset test

Section 1860D–14(a)(3) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)) is amended—
(1)
in subparagraph (A)(iii), by striking “meets” and inserting “subject to subparagraph (H), meets”; and
(2)
by adding at the end the following new subparagraph:

“(H) Suspension of the asset test—During the period beginning on the date of enactment of this subparagraph and ending on December 31 of the year following the year that includes the date of the end of the emergency period described in section 1135(g)(1)(B), subparagraph (A) shall be applied without regard to clause (iii) of such subparagraph.”