---
kind: "section"
citation: "5 U.S.C. § 8903c"
title: "5"
title_heading: "Government Organization and Employees"
number: "8903c"
heading: "Postal Service Health Benefits Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8903c"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 89 — Health Insurance"
---

# §8903c. Postal Service Health Benefits Program

- (a) **Definitions.—** In this section—
  - (1) the term “covered Medicare individual” means an individual who is entitled to benefits under Medicare part A, but excluding an individual who is [eligible](/usc/5/4701.md?p=a-3) to enroll under such part under section 1818 or 1818A of the Social Security Act ([42 U.S.C. 1395i–2](/usc/42/1395i–2.md), 1395i–2a);
  - (2) the term “initial contract year” means the contract year beginning in January of 2025;
  - (3) the term “initial participating [carrier](/usc/5/8901.md?p=7)” means a [carrier](/usc/5/8901.md?p=7) that enters into a contract with the [Office](/usc/5/5402.md?p=3) to participate in the Program during the initial contract year;
  - (4) the term “Medicare part A” means part A of title XVIII of the Social Security Act ([42 U.S.C. 1395c](/usc/42/1395c.md) et seq.);
  - (5) the term “Medicare part B” means part B of title XVIII of the Social Security Act ([42 U.S.C. 1395j](/usc/42/1395j.md) et seq.);
  - (6) the term “[Office](/usc/5/5402.md?p=3)” means the [Office](/usc/5/5402.md?p=3) of Personnel Management;
  - (7) the term “Postal [Service](/usc/5/8401.md?p=26)” means the [United States](/usc/5/7103.md?p=a-18) Postal [Service](/usc/5/8401.md?p=26);
  - (8) the term “Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2)” means an [annuitant](/usc/5/8401.md?p=2) enrolled in a [health benefits plan](/usc/5/8901.md?p=6) under this chapter whose [Government](/usc/5/4101.md?p=3) contribution is required to be paid under [section 8906(g)(2)](/usc/5/8906.md?p=g-2);
  - (9) the term “Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2)” means an [employee](/usc/5/4701.md?p=a-2) of the Postal [Service](/usc/5/8401.md?p=26) enrolled in a [health benefits plan](/usc/5/8901.md?p=6) under this chapter whose [Government](/usc/5/4101.md?p=3) contribution is paid by the Postal [Service](/usc/5/8401.md?p=26);
  - (10) the term “Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2)” means an individual who—
    - (A) is a Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2); and
    - (B) is a covered Medicare individual;
  - (11) the term “Program” means the Postal [Service](/usc/5/8401.md?p=26) Health Benefits Program established under [subsection (c)](#c) within the Federal [Employees](/usc/5/4701.md?p=a-2) Health Benefits Program;
  - (12) the term “Program plan” means a [health benefits plan](/usc/5/8901.md?p=6) offered under the Program; and
  - (13) the definitions set forth in [section 8901](/usc/5/8901.md) shall apply, and for the purposes of applying such definitions in carrying out this section, a Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2) and Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) shall be treated in the same manner as an [employee](/usc/5/4701.md?p=a-2) and an [annuitant](/usc/5/8401.md?p=2) (as those terms are defined in paragraphs [(1)](#a-1) and [(3)](#a-3), respectively, of [section 8901](/usc/5/8901.md)), consistent with the requirements of this section.
- (b) **Application.—** The requirements under this section shall—
  - (1) apply to the initial contract year and each contract year thereafter; and
  - (2) supersede any other provision of this chapter inconsistent with such requirements, as determined by the [Office](/usc/5/5402.md?p=3).
- (c) **Establishment of the Postal Service Health Benefits Program.—**
  - (1) **In general.—**
    - (A) **Establishment.—** The [Office](/usc/5/5402.md?p=3) shall establish the Postal [Service](/usc/5/8401.md?p=26) Health Benefits Program within the Federal [Employees](/usc/5/4701.md?p=a-2) Health Benefits Program under this chapter, under which the [Office](/usc/5/5402.md?p=3) may contract with [carriers](/usc/5/8901.md?p=7) to offer [health benefits plans](/usc/5/8901.md?p=6) as described under this section.
    - (B) **Applicability of chapter requirements to contracts.—** Except as otherwise provided in this section, any contract described in [subparagraph (A)](#c-1-A) shall be consistent with the requirements of this chapter for contracts under [section 8902](/usc/5/8902.md) with [carriers](/usc/5/8901.md?p=7) to offer [health benefits plans](/usc/5/8901.md?p=6) other than under this section.
    - (C) **Program plans and participation.—** The Program shall—
      - (i) to the greatest extent practicable—
        - (I) with respect to each plan provided by a [carrier](/usc/5/8901.md?p=7) under this subchapter in which the total enrollment includes, in the contract year beginning in January 2023, 1,500 or more enrollees who are Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) or Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2), include a plan offered by that [carrier](/usc/5/8901.md?p=7) with equivalent benefits and cost-sharing requirements as provided under [paragraph (2)](#c-2), except that the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) may exempt any comprehensive medical plan from this requirement; and
        - (II) include plans offered by any other [carrier](/usc/5/8901.md?p=7) determined appropriate by the [Office](/usc/5/5402.md?p=3);
      - (ii) provide for enrollment in Program plans of Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) and Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2), in accordance with [subsection (d)](#d);
      - (iii) provide for enrollment in a Program plan as an individual, for self plus one, or for self and family; and
      - (iv) not provide for enrollment in a Program plan of an individual who is not a Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2) or Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) (except as a [member of family](/usc/5/8901.md?p=5) of such an [employee](/usc/5/4701.md?p=a-2) or [annuitant](/usc/5/8401.md?p=2) or as provided under [paragraph (4)](#c-4)).
  - (2) **Coverage with equivalent benefits and cost-sharing.—** In the initial contract year, the [Office](/usc/5/5402.md?p=3) shall ensure that each [carrier](/usc/5/8901.md?p=7) participating in the Program provides under the Program plans offered by the [carrier](/usc/5/8901.md?p=7) benefits and cost-sharing requirements that are equivalent to the benefits and cost-sharing requirements under the [health benefits plans](/usc/5/8901.md?p=6) offered by the [carrier](/usc/5/8901.md?p=7) under this chapter that are not Program plans, except that prescription drug benefits and cost-sharing requirements may differ between the Program plans and other [health benefits plans](/usc/5/8901.md?p=6) offered by the [carrier](/usc/5/8901.md?p=7) under this chapter to the extent needed to integrate the Medicare part D prescription drug benefits coverage required under [subsection (h)(2)](#h-2).
  - (3) **Applicability of federal employees health benefits program requirements.—** Except as otherwise set forth in this section, the provisions of this chapter applicable to [health benefits plans](/usc/5/8901.md?p=6) offered by [carriers](/usc/5/8901.md?p=7) under section [8903](/usc/5/8903.md) or [8903a](/usc/5/8903a.md) shall apply to plans offered under the Program.
  - (4) **Application of continuation coverage.—** In accordance with rules established by the [Office](/usc/5/5402.md?p=3), [section 8905a](/usc/5/8905a.md) shall apply to [health benefits plans](/usc/5/8901.md?p=6) offered under this section in the same manner as such section applies to other [health benefits plans](/usc/5/8901.md?p=6) offered under this chapter.
- (d) **Election of Coverage.—** Each Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2) and Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) who elects to receive health benefits coverage under this chapter—
  - (1) shall be subject to the requirements of this section; and
  - (2) may not enroll in any other [health benefits plan](/usc/5/8901.md?p=6) offered under any other section of this chapter.
- (e) **Requirement of Medicare Enrollment for Certain Annuitants and Their Family Members.—**
  - (1) **Medicare covered annuitants.—** Except as provided under [paragraph (3)](#e-3), a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2) may not enroll in a Program plan unless the [annuitant](/usc/5/8401.md?p=2) is entitled to benefits under Medicare part A and enrolled in Medicare part B.
  - (2) **Medicare covered family members.—** Except as provided under [paragraph (3)](#e-3), in the case of a Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) who is entitled to benefits under Medicare part A and required under this subsection to enroll in Medicare part B to enroll under the Program, if a [member of family](/usc/5/8901.md?p=5) of such Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) is a covered Medicare individual, that [member of family](/usc/5/8901.md?p=5) may not enroll under the Program as a [member of family](/usc/5/8901.md?p=5) of the Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) unless that [member of family](/usc/5/8901.md?p=5) is entitled to benefits under Medicare part A and enrolled in Medicare part B.
  - (3) **Exceptions.—**
    - (A) **In general.—** The requirements under paragraphs [(1)](#e-1) and [(2)](#e-2), as applicable, shall not apply with respect to an individual in the following cases:
      - (i) **Current postal service annuitants.—** The individual, as of January 1, 2025, is a Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) who is not both entitled to benefits under Medicare part A and enrolled in Medicare part B.
      - (ii) **Current employees aged 64 and over.—** The individual, as of January 1, 2025, is a Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2) and is at least 64 years of age.
      - (iii) **Postal service medicare covered annuitants and family members residing abroad.—** For any contract year with respect to which the individual is a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2) or a [member of family](/usc/5/8901.md?p=5) of a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2) and resides outside the [United States](/usc/5/7103.md?p=a-18) (which includes the [States](/usc/5/8521.md?p=a-3), the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands), provided that the individual demonstrates such residency to the Postal [Service](/usc/5/8401.md?p=26) in accordance with regulations issued by the Postal [Service](/usc/5/8401.md?p=26).
      - (iv) **Postal service medicare covered annuitants and family members enrolled under va coverage.—** The individual—
        - (I) is a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2) or a [member of family](/usc/5/8901.md?p=5) of a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2); and
        - (II) is enrolled in health care benefits provided by the Department of Veterans Affairs under subchapter II of [chapter 17](/usc/38/chptII/ch17.md) of title 38, United States Code.
      - (v) **Postal service medicare covered annuitants and family members eligible for ihs health services.—** The individual—
        - (I) is a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2) or a [member of family](/usc/5/8901.md?p=5) of a Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitant](/usc/5/8401.md?p=2); and
        - (II) is [eligible](/usc/5/4701.md?p=a-3) for health [services](/usc/5/8401.md?p=26) from the Indian Health [Service](/usc/5/8401.md?p=26).
    - (B) **Regulations for va and ihs exceptions.—** Not later than 1 year after the date of enactment of this section, the [Office](/usc/5/5402.md?p=3) shall, in consultation with the [Secretary](/usc/5/9901.md?p=2) of Veterans Affairs, the [Secretary](/usc/5/9901.md?p=2) of Health and Human [Services](/usc/5/8401.md?p=26), and the Postmaster General, promulgate any regulations necessary to implement clauses [(iv)](#e-3-A-iv) and [(v)](#e-3-A-v) of subparagraph (A).
    - (C) **List of individuals residing abroad.—** The Postal [Service](/usc/5/8401.md?p=26) shall provide a list of individuals who satisfy the exception under [subparagraph (A)(iii)](#e-3-A-iii) to the [Office](/usc/5/5402.md?p=3).
  - (4) **Process for information collection and dissemination.—** The Postal [Service](/usc/5/8401.md?p=26) and the [Office](/usc/5/5402.md?p=3), in consultation with the Social Security [Administration](/usc/5/9801.md?p=1) and the Centers for Medicare & Medicaid [Services](/usc/5/8401.md?p=26), shall establish a process that will enable the Postal [Service](/usc/5/8401.md?p=26) to timely inform Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2), Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2), and [members](/usc/5/8401.md?p=20) of family of such [employees](/usc/5/4701.md?p=a-2) and [annuitants](/usc/5/8401.md?p=2) of the requirements described in paragraphs [(1)](#e-1) and [(2)](#e-2) in order to be [eligible](/usc/5/4701.md?p=a-3) to enroll in Program plans under this section.
- (f) **Transitional Open Season.—**
  - (1) **Definitions.—** In this subsection—
    - (A) the term “current option”, with respect to an individual, means the option under a plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year; and
    - (B) the term “current plan”, with respect to an individual, means the plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year.
  - (2) **Automatic enrollment.—**
    - (A) **In general.—** Subject to subparagraphs [(B)](#f-2-B) and [(C)](#f-2-C), in the case of an individual who is a Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2) or Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) [eligible](/usc/5/4701.md?p=a-3) to enroll in a Program plan under [subsection (d)](#d), who is enrolled in a current plan, and who does not enroll in a Program plan during the open season that immediately precedes the initial contract year, the [Office](/usc/5/5402.md?p=3) shall automatically enroll the individual, as of the start of the initial contract year, in a Program plan offered by the [carrier](/usc/5/8901.md?p=7) of the individual’s current plan.
    - (B) **Carriers offering multiple program plans or options.—** If the [carrier](/usc/5/8901.md?p=7) of the current plan of an individual described in [subparagraph (A)](#f-2-A) offers more than 1 Program plan or option, the [Office](/usc/5/5402.md?p=3), in carrying out [subparagraph (A)](#f-2-A), shall automatically enroll the individual in the plan and option that provide coverage with equivalent benefits and cost sharing, as described in [subsection (c)(2)](#c-2), to the individual’s current plan and current option.
    - (C) **Carriers not offering program plans.—** If the [carrier](/usc/5/8901.md?p=7) of the current plan of an individual described in [subparagraph (A)](#f-2-A) does not offer a Program plan, the [Office](/usc/5/5402.md?p=3), in carrying out [subparagraph (A)](#f-2-A), shall automatically enroll the individual in the lowest-cost nationwide plan option within the Program that is not a high deductible health plan and does not charge an association or membership fee.
- (g) **OPM Regulations.—**
  - (1) **In general.—** Not later than 1 year after the date of enactment of this section, the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) shall issue regulations to carry out this section.
  - (2) **Consultation.—** In issuing regulations under [paragraph (1)](#g-1), the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) shall consult, as necessary, with the [Secretary](/usc/5/9901.md?p=2) of Health and Human [Services](/usc/5/8401.md?p=26), the [Secretary](/usc/5/9901.md?p=2) of Veterans Affairs, the Commissioner of Social Security, and the Postmaster General.
  - (3) **Contents.—** The regulations issued under [paragraph (1)](#g-1) shall include—
    - (A) any provisions necessary to implement this section;
    - (B) a process under which Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2) and affected family [members](/usc/5/8401.md?p=20) are timely informed of the enrollment requirements and may request, in writing, any additional enrollment information;
    - (C) provisions under which a Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/4701.md?p=a-2) or Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) enrolled under the Program may request a belated change of plan and may be prospectively enrolled in the plan of the [employee](/usc/5/4701.md?p=a-2)’s or [annuitant](/usc/5/8401.md?p=2)’s choice; and
    - (D) provisions for individuals to cancel coverage under the Program in writing to the Postal [Service](/usc/5/8401.md?p=26) because the individuals choose not to enroll in, or to disenroll from, Medicare part B.
- (h) **Medicare Coordination.—**
  - (1) **In general.—** The [Office](/usc/5/5402.md?p=3) shall require each Program plan to provide benefits for covered Medicare individuals pursuant to a coordination of benefits method approved by the [Office](/usc/5/5402.md?p=3).
  - (2) **Medicare part d prescription drug benefits.—** The [Office](/usc/5/5402.md?p=3) shall require each Program plan to provide prescription drug benefits to any Postal [Service](/usc/5/8401.md?p=26) [annuitant](/usc/5/8401.md?p=2) and [member of family](/usc/5/8901.md?p=5) of such [annuitant](/usc/5/8401.md?p=2) who is a part D [eligible individual](/usc/5/8951.md?p=3) (as defined in section 1860D–1(a)(3)(A) of the Social Security Act) through employment-based retiree health coverage (as defined in section 1860D–22(c)(1) of such Act) through—
    - (A) a prescription drug plan (as defined in section 1860D–41(a)(14) of such Act); or
    - (B) contracts between such a Program plan and PDP sponsor, as defined in section 1860D–41(a)(13) of such Act, of such a prescription drug plan.
- (i) **Postal Service Contribution.—**
  - (1) **In general.—** Subject to [subsection (k)](#k), for purposes of applying [section 8906(b)](/usc/5/8906.md?p=b) to the Postal [Service](/usc/5/8401.md?p=26), the weighted average shall be calculated in accordance with paragraphs [(2)](#i-2) and [(3)](#i-3).
  - (2) **Weighted average calculation.—** Not later than October 1 of each year (beginning with 2024), the [Office](/usc/5/5402.md?p=3) shall determine the weighted average of the rates established pursuant to [subsection (c)(2)](#c-2) for Program plans that will be in effect during the following contract year with respect to—
    - (A) enrollments for self only;
    - (B) enrollments for self plus one; and
    - (C) enrollments for self and family.
  - (3) **Weighting in computing rates for initial contract year.—** In determining such weighted average of the rates for the initial contract year, the [Office](/usc/5/5402.md?p=3) shall take into [account](/usc/5/8401.md?p=1) (for purposes of [section 8906(a)(2)](/usc/5/8906.md?p=a-2)) the enrollment of Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) and [annuitants](/usc/5/8401.md?p=2) in the [health benefits plans](/usc/5/8901.md?p=6) offered by the initial participating [carriers](/usc/5/8901.md?p=7) as of March 31, 2023.
  - (4) **Payment of late enrollment penalties.—** The Postal [Service](/usc/5/8401.md?p=26) may direct the [Office](/usc/5/5402.md?p=3) to [pay](/usc/5/7511.md?p=a-4) the amounts required by an agreement between the [United States](/usc/5/7103.md?p=a-18) Postal [Service](/usc/5/8401.md?p=26) and the [Secretary](/usc/5/9901.md?p=2) of the [Department](/usc/5/10101.md?p=4) of Health and Human [Services](/usc/5/8401.md?p=26) under section 1839(e)(1) of the Social Security Act ([42 U.S.C. 1395r(e)(1)](/usc/42/1395r.md?p=e-1)) from the Postal [Service](/usc/5/8401.md?p=26) Retiree Health Benefits [Fund](/usc/5/8401.md?p=6) established under [section 8909a](/usc/5/8909a.md) until depleted and thereafter shall [pay](/usc/5/7511.md?p=a-4) such amounts from the Postal [Service](/usc/5/8401.md?p=26) [Fund](/usc/5/8401.md?p=6) established under [section 2003 of title 39](/usc/39/2003.md).
- (j) **Reserves.—**
  - (1) **Separate reserves.—**
    - (A) **In general.—** The [Office](/usc/5/5402.md?p=3) shall ensure that each Program plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the Program plan in accordance with section 8909.
    - (B) **Applicability of section 8909 to contingency reserves.—** All provisions of [section 8909](/usc/5/8909.md) relating to contingency reserves shall apply to contingency reserves of Program plans in the same manner as to the contingency reserves of other plans under this chapter, except to the extent that such provisions are inconsistent with the requirements of this subsection.
    - (C) **References.—** For purposes of the Program, each reference to “the [Government](/usc/5/4101.md?p=3)” in [section 8909](/usc/5/8909.md) shall be deemed to be a reference to the Postal [Service](/usc/5/8401.md?p=26).
    - (D) **Amounts to be credited.—** The reserves (including the separate contingency reserve) maintained for each Program plan shall be credited with a proportionate amount of the [funds](/usc/5/8401.md?p=6) in the reserves for [health benefits plans](/usc/5/8901.md?p=6) offered by the [carrier](/usc/5/8901.md?p=7).
  - (2) **Discontinuation of program plan.—** In applying [section 8909(e)](/usc/5/8909.md?p=e) relating to a Program plan that is discontinued, the [Office](/usc/5/5402.md?p=3) shall credit the separate Postal [Service](/usc/5/8401.md?p=26) contingency reserve maintained under [paragraph (1)](#j-1) for that plan only to the separate Postal [Service](/usc/5/8401.md?p=26) contingency reserves of the Program plans continuing under this chapter.
- (k) **No Effect on Existing Law.—** Nothing in this section shall be construed as affecting [section 1005(f) of title 39](/usc/39/1005.md?p=f) regarding variations, additions, or substitutions to the provisions of this chapter.
- (l) **Health Benefits Education Program.—**
  - (1) **Definition.—** In this subsection, the term “navigator” means an [employee](/usc/5/4701.md?p=a-2) of the Postal [Service](/usc/5/8401.md?p=26) or of a contractor of the Postal [Service](/usc/5/8401.md?p=26) who is designated by the Postal [Service](/usc/5/8401.md?p=26) or contractor to carry out activities under [paragraph (5)](#l-5).
  - (2) **Establishment.—** Not later than 18 months after the date of enactment of this section, the Postal [Service](/usc/5/8401.md?p=26) shall establish a Health Benefits Education Program.
  - (3) **Requirements.—** In carrying out the Health Benefits Education Program established under [paragraph (2)](#l-2), the Postal [Service](/usc/5/8401.md?p=26) shall—
    - (A) notify Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2) and Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) about the Postal [Service](/usc/5/8401.md?p=26) Health Benefits Program established under [subsection (c)(1)](#c-1);
    - (B) provide information regarding the Postal [Service](/usc/5/8401.md?p=26) Health Benefits Program and the requirements of this section to Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2) and Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2), including—
      - (i) a description of the health care options available under such Program;
      - (ii) the enrollment provisions of [subsection (d)](#d); and
      - (iii) the requirement that Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2) and their family [members](/usc/5/8401.md?p=20) be enrolled in Medicare under [subsection (e)](#e);
    - (C) respond and provide answers to any inquiry from such [employees](/usc/5/4701.md?p=a-2) and [annuitants](/usc/5/8401.md?p=2) about the Postal [Service](/usc/5/8401.md?p=26) Health Benefits Program, in consultation with the [Office](/usc/5/5402.md?p=3) as necessary;
    - (D) in consultation with the Centers for Medicare & Medicaid [Services](/usc/5/8401.md?p=26) and the Social Security [Administration](/usc/5/9801.md?p=1), provide information to individuals about enrollment under the Medicare program under title XVIII of the Social Security Act, and refer individuals to the Centers for Medicare & Medicaid [Services](/usc/5/8401.md?p=26) and the Social Security [Administration](/usc/5/9801.md?p=1) as necessary for additional enrollment information; and
    - (E) carry out, or provide for through contract or other arrangement, the activities described in [paragraph (5)](#l-5).
  - (4) **Information.—**
    - (A) **Information from opm.—** The [Office](/usc/5/5402.md?p=3) shall timely provide the Postal [Service](/usc/5/8401.md?p=26) with such information as necessary to conduct the Health Benefits Education Program.
    - (B) **Coordination with opm.—** The Postal [Service](/usc/5/8401.md?p=26) shall coordinate with the [Office](/usc/5/5402.md?p=3), in consultation with the Centers for Medicare & Medicaid [Services](/usc/5/8401.md?p=26) and the Social Security [Administration](/usc/5/9801.md?p=1), to obtain and confirm the accuracy of information as the Postal [Service](/usc/5/8401.md?p=26) determines to be necessary to conduct the Health Benefits Education Program.
  - (5) **Navigator activities.—**
    - (A) **Activities.—** The activities described in this paragraph, with respect to Program plans and the health care options available under the Program, are the following:
      - (i) Educational activities for [annuitants](/usc/5/8401.md?p=2) and [employees](/usc/5/4701.md?p=a-2) of the Postal [Service](/usc/5/8401.md?p=26) to raise awareness of the availability of Program plans and requirements for enrolling in such plans, including requirements to be entitled to Medicare part A and enroll in Medicare part B.
      - (ii) Distribution of fair and impartial information concerning enrollment in such plans.
      - (iii) Facilitation of enrollment in such plans.
      - (iv) Provision of information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Program plans.
    - (B) **Standards.—**
      - (i) **In general.—** The Postal [Service](/usc/5/8401.md?p=26) shall establish standards for navigators carrying out the activities under this paragraph to—
        - (I) engage in the navigator activities described in [subparagraph (A)](#l-5-A); and
        - (II) avoid conflicts of interest.
      - (ii) **Contents.—** The standards established under [clause (i)](#l-5-B-i) shall provide that a navigator may not—
        - (I) be a health insurance [carrier](/usc/5/8901.md?p=7); or
        - (II) receive any consideration directly or indirectly from any health insurance [carrier](/usc/5/8901.md?p=7) in connection with the enrollment of any individual in a Program plan.
    - (C) **Fair and impartial information and services.—** The Postal [Service](/usc/5/8401.md?p=26), in consultation as necessary with the [Office](/usc/5/5402.md?p=3) and the Centers for Medicare & Medicaid [Services](/usc/5/8401.md?p=26), shall develop standards to ensure that information made available by navigators under this paragraph is fair, accurate, and impartial.
  - (6) **Regulations.—**
    - (A) **In general.—** Not later than 18 months after the date of enactment of this section, the Postmaster General shall issue regulations to establish the Health Benefits Education Program required under this subsection.
    - (B) **Contents.—** The regulations issued under [subparagraph (A)](#l-6-A) shall include—
      - (i) provisions for the notification of Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2) and Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) about the Program, including a description of the available health benefits options, including a process for notifying Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) who become [eligible](/usc/5/4701.md?p=a-3) for Medicare part B and Postal [Service](/usc/5/8401.md?p=26) Medicare covered [annuitants](/usc/5/8401.md?p=2) about their choices;
      - (ii) provisions for notifying Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2), Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2), and their family [members](/usc/5/8401.md?p=20) of the requirements under [subsection (e)](#e) to enroll in Medicare as a condition of eligibility to enroll in the Program; and
      - (iii) a process, developed in consultation with the Social Security [Administration](/usc/5/9801.md?p=1), the Centers for Medicare & Medicaid [Services](/usc/5/8401.md?p=26), and the [Office](/usc/5/5402.md?p=3), for addressing any inquiry from Postal [Service](/usc/5/8401.md?p=26) [annuitants](/usc/5/8401.md?p=2) and Postal [Service](/usc/5/8401.md?p=26) [employees](/usc/5/4701.md?p=a-2) about the Program or Medicare enrollment.

## Source credit

(Added Pub. L. 117–108, title I, § 101(a)(1), Apr. 6, 2022, 136 Stat. 1128.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsecs. (a)(4), (5), (h)(2), and (l)(3)(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42. Sections 1860D–1, 1860D–22, and 1860D–41 are classified to sections 1395w–101, 1395w–132, and 1395w–151, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The date of enactment of this section, referred to in subsecs. (e)(3)(B), (g)(1), and (l)(2), (6)(A), is the date of enactment of Pub. L. 117–108, which was approved Apr. 6, 2022.

### Statutory Notes and Related Subsidiaries

### Information Sharing and Dissemination Required for Special Enrollment Period and Enforcement of Part B Enrollment Requirements

Pub. L. 117–108, title I, § 101(c), Apr. 6, 2022, 136 Stat. 1137, provided that: Definitions.—In this subsection, the terms ‘Medicare part A’, ‘Medicare part B’, ‘Office’, ‘Postal Service’, and ‘Postal Service annuitant’ have the meanings given those terms in section 8903c of title 5, United States Code, as added by subsection (a). Information sharing by opm.—The Office shall, by regulation, establish a process for providing such information as is necessary to the Social Security Administration regarding Postal Service annuitants (and the family members of such annuitants) who may be eligible to enroll under Medicare part B during the special enrollment period described in subsection (o) of section 1837 of the Social Security Act (42 U.S.C. 1395p), as added by subsection (b), or who may be subject to the enrollment requirements described in paragraphs (1) and (2) of section 8903c(e) of title 5, United States Code, as added by subsection (a). Information sharing by ssa.—The Social Security Administration shall provide to the Office and the Postal Service information regarding whether a Postal Service annuitant, or a family member of such an annuitant, is entitled to benefits under Medicare part A and enrolled under Medicare part B, to assist the Office and the Postal Service in determining— which Postal Service annuitants, and family members of such annuitants, may be eligible to enroll under Medicare part B during the special enrollment period described in paragraph (2); and whether Postal Service annuitants, and family members of such annuitants, satisfy the enrollment requirements described in paragraphs (1) and (2) of section 8903c(e) of title 5, United States Code, as added by subsection (a).”

### Reimbursement For Periodic SSA Data Sharing

Pub. L. 117–108, title I, § 101(d)(5), Apr. 6, 2022, 136 Stat. 1138, provided that: Inter-agency agreement.—The Commissioner of Social Security shall enter into an agreement with the Director of the Office under which the Director pays the Commissioner from the Postal Service administrative reserve the full costs (including systems and administrative costs) of providing the information described in subsection (c)(3) [of section 101 of Pub. L. 117–108, set out in a note above] for the purpose set forth in subsection (c)(3)(B). Report to congress.—The Director of the Office— shall report the amount paid under subparagraph (A) annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; and may satisfy the requirement under clause (i) by including the amount paid under subparagraph (A) in any other annual report submitted to Congress.”

[For definition of “Postal Service” as used in section 101(d)(5) of Pub. L. 117–108, set out above, see section 102 of Title 39, Postal Service, as made applicable by section 2(b) of Pub. L. 117–108, which is set out as a note under section 501 of Title 39.]