Sec. 801. Guaranteed issue of certain Medigap policies
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Section 1882(s) of the Social Security Act ( 42 U.S.C. 1395ss(s) ) is amended— in paragraph (2)(A), by striking 65 years of age or older and is enrolled for benefits under part B and inserting entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B ; in paragraph (2)(D), by striking who is 65 years of age or older as of the date of issuance and ; in paragraph (3)(B)(ii), by striking is 65 years of age or older and ; and in paragraph (3)(B)(vi), by striking at age 65 . In the case of a specified individual, the Secretary shall establish a one-time enrollment period described in clause
(iii)during which such an individual may enroll in any medicare supplemental policy of the individual’s choosing. The provisions of— paragraph
(2)of section 1882(s) of the Social Security Act ( 42 U.S.C. 1395ss(s) ) shall apply with respect to a specified individual who is described in subclause
(I)of subparagraph (B)(iii) as if references in such paragraph
(2)to the 6 month period described in subparagraph
(A)of such paragraph were references to the one-time enrollment period established under clause (i); and paragraph
(3)of such section shall apply with respect to a specified individual who is described in subclause
(II)of subparagraph (B)(iii) as if references in such paragraph
(3)to the period specified in subparagraph
(E)of such paragraph were references to the one-time enrollment period established under clause (i). The enrollment period established under clause
(i)shall be the 6-month period beginning on January 1, 2024. For purposes of this paragraph, the term specified individual means an individual who— is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq.) pursuant to section 226(b) or section 226A of such Act ( 42 U.S.C. 426(b) ; 426–1); is enrolled for benefits under part B of such Act ( 42 U.S.C. 1395j et seq.); and would not, but for the amendments made by subparagraphs
(A)and
(B)of paragraph
(1)and the provisions of this paragraph (if such provisions applied to such individual), be eligible for the guaranteed issue of a medicare supplemental policy under paragraph
(2)of section 1882(s) of such Act ( 42 U.S.C. 1395ss(s) ); or would not, but for the amendments made by subparagraphs
(C)and
(D)of paragraph
(1)and the provisions of this paragraph (if such provisions applied to such individual), be eligible for the guaranteed issue of a medicare supplemental policy under paragraph
(3)of such section. The Secretary shall develop an outreach plan to notify specified individuals of the one-time enrollment period established under subparagraph (A). In implementing the outreach plan developed under clause (i), the Secretary shall consult with consumer advocates, brokers, insurers, the National Association of Insurance Commissioners, and State Health Insurance Assistance Programs. The amendments made by paragraph
(1)shall apply to medicare supplemental policies effective on or after January 1, 2024. Section 1882(s)(3) of the Social Security Act ( 42 U.S.C. 1395ss(s)(3) ), as amended by subsection (a), is further amended— in subparagraph (B), by adding at the end the following new clause: The individual— was enrolled in a Medicare Advantage plan under part C for not less than 12 months; subsequently disenrolled from such plan; elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B; and has not previously elected to receive benefits under this title through the original Medicare fee-for-service program pursuant to disenrollment from a Medicare Advantage plan under part C. ; by striking subparagraph (C)(iii) and inserting the following: Subject to subsection (v)(1), for purposes of an individual described in clause
(vi)or
(vii)of subparagraph (B), a medicare supplemental policy described in this subparagraph shall include any medicare supplemental policy. ; and in subparagraph (E)— in clause (iv), by striking and at the end; in clause (v), by striking the period at the end and inserting ; and ; and by adding at the end the following new clause— in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C. . The amendments made by paragraph
(1)shall apply to medicare supplemental policies effective on or after January 1, 2024.
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Sec. 801
Guaranteed issue of certain Medigap policies
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