Page:United States Statutes at Large Volume 111 Part 1.djvu/489

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PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 465 Subchapter B—Other Provisions Related to Part B Premium SEC. 4581. PROTECTIONS UNDER THE MEDICARE PROGRAM FOR DIS- ABLED WORKERS WHO LOSE BENEFITS UNDER A GROUP HEALTH PLAN. (a) No PREMIUM PENALTY FOR LATE ENROLLMENT. — The first sentence of section 1839(b) (42 U.S.C. 1395r(b)) is amended by inserting "and not pursuant to a special enrollment period under section 1837(1)(4)" after "section 1837)". (b) SPECIAL MEDICARE ENROLLMENT PERIOD.— (1) IN GENERAL. —Section 1837(i) (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph: "(4)(A) In the case of an individual who is entitled to benefits under part A pursuant to section 226(b) and— "(i) who at the time the individual first satisfies paragraph (1) of section 1836— "(I) is enrolled in a group health plan described in section 1862(b)(l)(A)(v) by reason of the individual's current or former employment or by reason of the current or former employment status of a member of the individual's family, and "(II) has elected not to enroll (or to be deemed enrolled) under this section during the individual's initial enrollment period; and "(ii) whose continuous enrollment under such group health plan is involuntarily terminated at a time when the enrollment under the plan is not by reason of the individual's current employment or by reason of the current employment of a member of the individual's family, there shall be a special enrollment period described in subparagraph (B). "(B) The special enrollment period referred to in subparagraph (A) is the 6-month period beginning on the first day of the month which includes the date of the enrollment termination described in subparagraph (A)(ii).". (2) COVERAGE PERIOD.—Section 1838(e) (42 U.S.C. 1395q(e)) is amended— (A) by inserting "or 1837(i)(4)(B)" after "1837(i)(3r the first place it appears, and (B) by inserting "or specified in section 1837(i)(4)(A)(i)" after "1837(i)(3)" the second place it appears. (c) EFFECTIVE DATE. —The amendments made by this section 42 USC I395p shall apply to involuntary terminations of coverage under a group note, health plan occurring on or after the date of the enactment of this Act. SEC. 4582. GOVERNMENTAL ENTITIES ELIGIBLE TO ELECT TO PAY PART B PREMIUMS FOR ELIGIBLE INDIVIDUALS. ed- Section 1839(e)(1) (as amended by section 4571(b)) is amend- (1) by inserting "(or any appropriate State or local governmental entity specified by the Secretary)" after "State" the first place it appears, and (2) by inserting "(or such entity)" after "State" the second and third place it appears.