Section 1 Short title
This Act may be cited as the “Right to Medicare Act”.
Right to Medicare Act
A BILL
To amend title XVIII of the Social Security Act to require individuals the choice to opt in to enrollment in employer group waiver plans under Medicare Advantage.
Sec. 2 Sense of Congress; purpose
Sense of Congress— It is the sense of Congress that seniors have the right to choose between traditional Medicare or Medicare Advantage.
Purpose— The purpose of this Act is to ensure that:
Public and private employers are prohibited from involuntarily forcing seniors to shift from Medicare to Medicare Advantage.
Employers are required to offer an opt-in option to shift from traditional Medicare to Medicare Advantage.
If an employee or retiree does not respond to the opt-in ask, that shall be viewed as opting out from shifting to Medicare Advantage. This requires the employer to continue paying for their traditional Medicare coverage.
Sec. 3 Requiring opt-in for enrollment in employer group waiver plans under Medicare Advantage
Section 1857(i) of the Social Security Act (42 U.S.C. 1395w–27(i)) is amended—
in paragraph (1), by inserting “, subject to paragraph (3),” after “the Secretary may”;
in paragraph (2), by inserting “, subject to paragraph (3),” after “the Secretary may”; and
by adding at the end the following new paragraph:
“(3) Opt-in requirement—For plan years beginning on or after the date of the enactment of the Right to Medicare Act, with respect to an MA plan described in paragraph (1) or paragraph (2), the Secretary may not waive or modify any requirement that an individual described in either such paragraph affirmatively elect to enroll in such plan before such individual is so enrolled.”