Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2744 Compare Versions

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Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 2744
5	5	To amend part B of title XVIII of the Social Security Act to provide
6	6	for a special enrollment period under Medicare for individuals enrolled
7	7	in COBRA continuation coverage, and for other purposes.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	APRIL8, 2025
10	10	Mr. S
11	11	MUCKER(for himself, Mr. BILIRAKIS, Mrs. HOUCHIN, Mr. THOMPSON
12	12	of California, Ms. C
13	13	RAIG, and Mr. NORCROSS) introduced the following
14	14	bill; which was referred to the Committee on Energy and Commerce, and
15	15	in addition to the Committees on Education and Workforce, and Ways
16	16	and Means, for a period to be subsequently determined by the Speaker,
17	17	in each case for consideration of such provisions as fall within the juris-
18	18	diction of the committee concerned
19	19	A BILL
20	20	To amend part B of title XVIII of the Social Security
21	21	Act to provide for a special enrollment period under
22	22	Medicare for individuals enrolled in COBRA continuation
23	23	coverage, and for other purposes.
24	24	Be it enacted by the Senate and House of Representa-1
25	25	tives of the United States of America in Congress assembled, 2
26	26	SECTION 1. SHORT TITLE. 3
27	27	This Act may be cited as the ‘‘Medicare Enrollment 4
28	28	Protection Act of 2025’’. 5
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31	31	•HR 2744 IH
32	32	SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS 1
33	33	TRANSITIONING FROM COBRA CONTINU-2
34	34	ATION COVERAGE. 3
35	35	(a) S
36	36	PECIALENROLLMENT PERIOD FORINDIVID-4
37	37	UALSENROLLED IN COBRA CONTINUATION COV-5
38	38	ERAGE.—Section 1837(i) of the Social Security Act (42 6
39	39	U.S.C. 1395p(i)) is amended by adding at the end the fol-7
40	40	lowing new paragraph: 8
41	41	‘‘(5)(A) In the case of an individual who— 9
42	42	‘‘(i) at the time the individual first satisfies 10
43	43	paragraph (1) or (2) of section 1836(a), is enrolled 11
44	44	in COBRA continuation coverage (as defined in sub-12
45	45	paragraph (D)); or 13
46	46	‘‘(ii) is enrolled in COBRA continuation cov-14
47	47	erage and immediately prior to such enrollment was 15
48	48	an individual described in paragraph (1) or (2) of 16
49	49	this subsection, 17
50	50	there shall be a special enrollment period described 18
51	51	in subparagraph (B). 19
52	52	‘‘(B) The special enrollment period referred to in sub-20
53	53	paragraph (A) is the period that includes— 21
54	54	‘‘(i) each month during any part of which the 22
55	55	individual is enrolled in COBRA continuation cov-23
56	56	erage; and 24
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60	60	‘‘(ii) the 3-month period beginning with the 1
61	61	first month following the last month during any part 2
62	62	of which such individual is so enrolled. 3
63	63	‘‘(C) An individual may only enroll during the special 4
64	64	enrollment period provided under subparagraph (A) one 5
65	65	time during the individual’s lifetime. 6
66	66	‘‘(D) For purposes of this paragraph, the term 7
67	67	‘COBRA continuation coverage’ means continuation cov-8
68	68	erage beginning on or after January 1, 2026— 9
69	69	‘‘(i) under a COBRA continuation provision (as 10
70	70	defined in section 2791(d)(4) of the Public Health 11
71	71	Service Act); 12
72	72	‘‘(ii) pursuant to section 8905a of title 5, 13
73	73	United States Code; or 14
74	74	‘‘(iii) under a similar State law that provides 15
75	75	comparable continuation of group health plan cov-16
76	76	erage.’’. 17
77	77	(b) C
78	78	OVERAGEPERIOD FORCERTAINELIGIBLEIN-18
79	79	DIVIDUALS.—Section 1838(e) of the Social Security Act 19
80	80	(42 U.S.C. 1395q(e)) is amended— 20
81	81	(1) by striking ‘‘pursuant to section 1837(i)(3) 21
82	82	or 1837(i)(4)(B)’’ and inserting the following: ‘‘pur-22
83	83	suant to— 23
84	84	‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 24
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88	88	(2) by redesignating paragraphs (1) and (2) as 1
89	89	subparagraphs (A) and (B), respectively, and mov-2
90	90	ing the indentation of each such subparagraph 2 3
91	91	ems to the right; 4
92	92	(3) by striking the period at the end of sub-5
93	93	paragraph (B), as so redesignated, and inserting ‘‘; 6
94	94	or’’; and 7
95	95	(4) by adding at the end the following new 8
96	96	paragraph: 9
97	97	‘‘(2) section 1837(i)(5), the coverage period 10
98	98	shall begin on the first day of the month following 11
99	99	the month in which the individual so enrolls.’’. 12
100	100	(c) N
101	101	OINCREASE INPREMIUM.—Section 1839(b) of 13
102	102	such Act (42 U.S.C. 1395r(b)) is amended— 14
103	103	(1) in the first sentence, by inserting ‘‘, (i)(5)’’ 15
104	104	after ‘‘subsection (i)(4)’’; 16
105	105	(2) in the second sentence, by inserting before 17
106	106	the period at the end the following: ‘‘or months for 18
107	107	which the individual can demonstrate that the indi-19
108	108	vidual was enrolled in COBRA continuation coverage 20
109	109	(as such term is defined in section 1837(i)(5)(D))’’. 21
110	110	(d) C
111	111	OORDINATION OFBENEFITS.— 22
112	112	(1) ERISA.—Section 607 of the Employee Re-23
113	113	tirement Income Security Act of 1974 (29 U.S.C. 24
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116	116	•HR 2744 IH
117	117	1167) is amended by adding at the end the following 1
118	118	new paragraph: 2
119	119	‘‘(6) C
120	120	OORDINATION OF BENEFITS .—Notwith-3
121	121	standing any other provision of law, in the case that 4
122	122	an individual is enrolled in COBRA continuation 5
123	123	coverage (as defined in section 1837(i)(5)(D) of the 6
124	124	Social Security Act) and the individual is eligible for 7
125	125	but not enrolled in coverage under part B of title 8
126	126	XVIII of the Social Security Act, such COBRA con-9
127	127	tinuation coverage shall not reduce or terminate ben-10
128	128	efits under such COBRA continuation coverage with 11
129	129	respect to the individual on the basis that the indi-12
130	130	vidual is eligible for coverage under such part B or 13
131	131	otherwise take into account such eligibility. Such 14
132	132	benefits under such COBRA continuation coverage 15
133	133	shall be provided to such an individual as if such in-16
134	134	dividual were not so eligible for coverage under such 17
135	135	part B. Nothing in the preceding two sentences shall 18
136	136	require the provision of such COBRA continuation 19
137	137	coverage to an individual enrolled in coverage under 20
138	138	such part B or prohibit the termination of such con-21
139	139	tinuation coverage or reduction of benefits under 22
140	140	such continuation coverage in the case of an indi-23
141	141	vidual who enrolls under such part B.’’. 24
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145	145	(2) PHSA.—Section 2208 of the Public Health 1
146	146	Service Act (42 U.S.C. 300bb–8) is amended— 2
147	147	(A) by striking ‘‘
148	148	DEFINITIONS’’ and in-3
149	149	serting ‘‘
150	150	DEFINITIONS AND SPECIAL 4
151	151	RULES’’; and 5
152	152	(B) by adding at the end the following new 6
153	153	paragraph: 7
154	154	‘‘(5) S
155	155	PECIAL RULE FOR COORDINATION OF 8
156	156	BENEFITS.—Notwithstanding any other provision of 9
157	157	law, in the case that an individual is enrolled in 10
158	158	COBRA continuation coverage (as defined in section 11
159	159	1837(i)(5)(D) of the Social Security Act) and the in-12
160	160	dividual is eligible for but not enrolled in coverage 13
161	161	under part B of title XVIII of the Social Security 14
162	162	Act, such COBRA continuation coverage shall not 15
163	163	reduce or terminate benefits under such COBRA 16
164	164	continuation coverage with respect to the individual 17
165	165	on the basis that the individual is eligible for cov-18
166	166	erage under such part B or otherwise take into ac-19
167	167	count such eligibility. Such benefits under such 20
168	168	COBRA continuation coverage shall be provided to 21
169	169	such an individual as if such individual were not so 22
170	170	eligible for coverage under such part B. Nothing in 23
171	171	the preceding two sentences shall require the provi-24
172	172	sion of such COBRA continuation coverage to an in-25
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176	176	dividual enrolled in coverage under such part B or 1
177	177	prohibit the termination of such continuation cov-2
178	178	erage or reduction of benefits under such continu-3
179	179	ation coverage in the case of an individual who en-4
180	180	rolls under such part B.’’. 5
181	181	(3) IRC.—Section 4980B(g) of the Internal 6
182	182	Revenue Code of 1986 is amended— 7
183	183	(A) by striking ‘‘D
184	184	EFINITIONS’’ and insert-8
185	185	ing ‘‘D
186	186	EFINITIONS ANDSPECIALRULES’’; and 9
187	187	(B) by adding at the end the following new 10
188	188	paragraph: 11
189	189	‘‘(5) S
190	190	PECIAL RULE FOR COORDINATION OF 12
191	191	BENEFITS.—Notwithstanding any other provision of 13
192	192	law, in the case that an individual is enrolled in 14
193	193	COBRA continuation coverage (as defined in section 15
194	194	1837(i)(5)(D) of the Social Security Act) and the in-16
195	195	dividual is eligible for but not enrolled in coverage 17
196	196	under part B of title XVIII of the Social Security 18
197	197	Act, such COBRA continuation coverage shall not 19
198	198	reduce or terminate benefits under such COBRA 20
199	199	continuation coverage with respect to the individual 21
200	200	on the basis that the individual is eligible for cov-22
201	201	erage under such part B or otherwise take into ac-23
202	202	count such eligibility. Such benefits under such 24
203	203	COBRA continuation coverage shall be provided to 25
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207	207	such an individual as if such individual were not so 1
208	208	eligible for coverage under such part B. Nothing in 2
209	209	the preceding two sentences shall require the provi-3
210	210	sion of such COBRA continuation coverage to an in-4
211	211	dividual enrolled in coverage under such part B or 5
212	212	prohibit the termination of such continuation cov-6
213	213	erage or reduction of benefits under such continu-7
214	214	ation coverage in the case of an individual who en-8
215	215	rolls under such part B.’’. 9
216	216	(e) U
217	217	PDATINGCOBRA CONTINUATIONCOVERAGE 10
218	218	N
219	219	OTIFICATIONS.—Not later than January 1, 2026, the 11
220	220	Secretary of Labor, in consultation with the Secretary of 12
221	221	Health and Human Services, shall update the written no-13
222	222	tices required under section 606 of the Employee Retire-14
223	223	ment Income Security Act of 1974 (29 U.S.C. 1166) to 15
224	224	include an explanation of the full scope of the Medicare 16
225	225	secondary payer rules under section 1862(b) of the Social 17
226	226	Security Act (42 U.S.C. 1395y(b)), including how such 18
227	227	rules apply with respect to COBRA continuation coverage 19
228	228	(as defined in section 1837(i)(5)(D) of the Social Security 20
229	229	Act (42 U.S.C. 1395p(i)(5)(D))). 21
230	230	Æ
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