Sec. 2. Eligibility and enrollment notification

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Section 1804 of the Social Security Act ( 42 U.S.C. 1395b–2 ) is amended by adding at the end the following new subsection: The Secretary, in consultation with representatives of each of the groups described in paragraph (2)(A), and in coordination with the Commissioner of Social Security and the Secretary of the Treasury, shall prepare and distribute a notice, in accordance with this subsection, to potentially eligible Medicare individuals. For purposes of paragraph (1), the groups described in this subparagraph include the following:

Individuals who are more than 60 years of age. Individuals with disabilities. Individuals with end stage renal disease. Low-income individuals and families. Employers (including human resources professionals). States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance). State Health Insurance Assistance Programs. Health insurers. Health insurance agents and brokers. Such other groups as specified by the Secretary.

The Federal Advisory Committee Act shall not apply to consultations made pursuant to paragraph

(1)with groups described in subparagraph (A). The notice required under paragraph

(1)shall contain information on (including a clear, simple explanation of)— eligibility for benefits under this title, and in particular benefits under part B; the possibility of a late enrollment penalty for failure to timely enroll (including the availability of equitable relief); and how to access the Webpage described in paragraph (5); and the need for coordination of benefits under part B (including secondary and primary coverage scenarios) imposed under this title, including the effects of enrollment in retiree health coverage; group health coverage; coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, or title VI of the Employee Retirement Income Security Act of 1974; coverage under a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act; and other widely available coverage which may be available to potentially eligible Medicare individuals. Beginning one year after the date of the enactment of this subsection, a notice required under paragraph

(1)shall be mailed to each potentially eligible Medicare individual no less than two times in accordance with the following: The notice shall be provided to such individual on the same schedule and in combination with the individual’s social security statement. In the case that the individual does not receive a social security statement, such notice shall be mailed no later than 3 months prior to the date of such individual’s initial enrollment period as provided under section 1837 and shall subsequently be provided to such individual no later than one month prior to such date. The information contained in notices required under this subsection shall be made available through a new Webpage to be maintained by the Secretary. Such Webpage shall include both Social Security and Medicare online tools in a coordinated and organized manner, and shall also contain, or link to, such other eligibility tools, services, notices (including with respect to the availability of equitable relief), and other information as determined by the Secretary, in consultation with groups described in paragraph

(2)for the purposes of being available to potentially eligible Medicare individuals. Beginning not later than 2 months after the date of the enactment of this subsection, the Secretary, along with the Secretary of the Treasury and the Commissioner of the Social Security Administration, shall undertake all necessary action and coordination to identify potentially eligible individuals and in order to provide such individuals with notifications under this subsection in accordance with paragraph (4). The Secretary shall, no less than once every fiscal year, review the content of the notices required under this subsection and the practices of providing such notices to individuals, and shall update and revise such notices and practices as the Secretary deems appropriate. For purposes of this subsection, the term potentially eligible Medicare individual means an individual, with respect to a month, who is expected to satisfy the description in paragraph

(1)or

(2)of section 1836 during such month or during any of the subsequent 11 months. . Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: The Secretary, upon request from the Secretary of Health and Human Services, shall disclose to officers, employees, and contractors of the Department of Health and Human Services and the Social Security Administration return information of any taxpayer who is a potentially eligible Medicare individual (as defined in section 1804(d)(8) of the Social Security Act). Such return information shall be limited to— taxpayer identity information with respect to such taxpayer, including the age and address or other location of such taxpayer; the filing status of such taxpayer; such other information as is prescribed by the Secretary of Health and Human Services by regulation as might indicate whether the taxpayer is eligible for coverage under such title; and the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available. Return information disclosed under subparagraph

(A)may be used by officers, employees, and contractors of the Department of Health and Human Services or the Social Security Administration only for the purposes of, and to the extent necessary in, establishing potential eligibility for benefits under title XVIII of the Social Security Act. . Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall enter into a computer matching agreement pursuant to section 552a(o) of title 5 of the United States Code for the purposes of implementing section 1804(d) of the Social Security Act, as added by subsection (a), and section 6103(l)(23) of the Internal Revenue Code of 1986, as added by subsection (b). Not later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall submit to Congress a report on the process taken by the relevant agencies in implementing the notice requirement under subsection

(d)of section 1804 of the Social Security Act ( 42 U.S.C. 1395b–2 ), as added by subsection

(a)of this section, the status of notices created pursuant to such section, and an evaluation of the effect of such notices on enrollment under title XVIII of the Social Security Act. Such report shall be made publicly available.

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42 USC 1395b–2

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Sec. 2

Eligibility and enrollment notification

Cite42 USC 1395b–2

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