Home > 106th Congressional Bills > H.R. 4358 (ih) To amend the Internal Revenue Code of 1986 to promote the economic recovery of the District of Columbia. [Introduced in House] ...H.R. 4358 (ih) To amend the Internal Revenue Code of 1986 to promote the economic recovery of the District of Columbia. [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 4357
To amend title XVIII of the Social Security Act and the Employee
Retirement Income Security Act of 1974 to provide access to Medicare
benefits for individuals ages 55 to 65, to amend the Internal Revenue
Code of 1986 to allow a refundable and advanceable credit against
income tax for payment of such premiums, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2004
Mr. Stark (for himself, Mr. Brown of Ohio, Mr. Rangel, Mr. Dingell, Mr.
Waxman, Ms. Pelosi, Mr. George Miller of California, Mr. Pallone, Mr.
Ackerman, Mr. Alexander, Mr. Allen, Mr. Baca, Mr. Berry, Mr. Bishop of
New York, Mr. Boucher, Mrs. Capps, Mr. Cardin, Ms. Carson of Indiana,
Mr. Clay, Mr. Crowley, Mrs. Davis of California, Ms. DeLauro, Mr.
Delahunt, Mr. Deutsch, Mr. Emanuel, Mr. Engel, Mr. Evans, Mr. Farr, Mr.
Filner, Mr. Frank of Massachusetts, Mr. Frost, Mr. Gephardt, Mr.
Gordon, Mr. Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Hinchey,
Mr. Hoeffel, Mr. Holt, Mr. Hoyer, Mr. Jackson of Illinois, Mrs. Jones
of Ohio, Ms. Kaptur, Mr. Kildee, Ms. Kilpatrick, Mr. Kleczka, Mr.
Kucinich, Mr. Lantos, Ms. Jackson-Lee of Texas, Mr. Lynch, Mrs.
Maloney, Mr. Markey, Mr. Matsui, Mrs. McCarthy of New York, Ms.
McCarthy of Missouri, Mr. McDermott, Mr. McGovern, Mr. McNulty, Mr.
Meeks of New York, Mr. Menendez, Mr. Michaud, Mr. Nadler, Mrs.
Napolitano, Mr. Olver, Mr. Owens, Mr. Pastor, Mr. Rodriguez, Ms.
Roybal-Allard, Mr. Sanders, Mr. Sandlin, Ms. Linda T. Sanchez of
California, Ms. Schakowsky, Mr. Scott of Virginia, Mr. Serrano, Ms.
Slaughter, Ms. Solis, Mr. Strickland, Mr. Stupak, Mr. Thompson of
Mississippi, Mr. Tierney, Mr. Towns, Mr. Van Hollen, Ms. Waters, Mr.
Weiner, Mr. Wexler, and Ms. Woolsey) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committees on Energy and Commerce and Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act and the Employee
Retirement Income Security Act of 1974 to provide access to Medicare
benefits for individuals ages 55 to 65, to amend the Internal Revenue
Code of 1986 to allow a refundable and advanceable credit against
income tax for payment of such premiums, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Early
Access Act of 2004''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--ACCESS TO MEDICARE BENEFITS FOR INDIVIDUALS 55 TO 65 YEARS OF
AGE
Sec. 101. Access to Medicare benefits for individuals 55 to 65 years of
age.
``Part E--Purchase of Medicare Benefits by Certain Individuals 55 to 65
Years of Age
``Sec. 1860E-1. Program benefits; eligibility.
``Sec. 1860E-2. Enrollment process; coverage.
``Sec. 1860E-3. Premiums.
``Sec. 1860E-4. Payment of premiums.
``Sec. 1860E-5. Provisions relating to employment-based retiree
health coverage.
``Sec. 1860E-6. Medicare Early Access Trust Fund.
``Sec. 1860E-7. Oversight and accountability.
``Sec. 1860E-8. Administration and miscellaneous.
TITLE II--REFUNDABLE AND ADVANCEABLE CREDIT AGAINST INCOME TAX FOR
MEDICARE BUY-IN PREMIUMS
Sec. 201. Refundable and advanceable income tax credit for Medicare
buy-in premiums.
``Sec. 36. Medicare buy-in premiums.
``Sec. 7528. Advance payment of credit for Medicare buy-in
premiums.
TITLE I--ACCESS TO MEDICARE BENEFITS FOR INDIVIDUALS 55 TO 65 YEARS OF
AGE
SEC. 101. ACCESS TO MEDICARE BENEFITS FOR INDIVIDUALS 55 TO 65 YEARS OF
AGE.
(a) In General.--Title XVIII of the Social Security Act, as amended
by section 101(a) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following new part:
``PART E--PURCHASE OF MEDICARE BENEFITS BY CERTAIN INDIVIDUALS 55 TO 65
YEARS OF AGE
``SEC. 1860E-1. PROGRAM BENEFITS; ELIGIBILITY.
``(a) Entitlement to Medicare Benefits for Enrolled Individuals.--
``(1) In general.--An individual enrolled under this part
is entitled to the same benefits under this title as an
individual entitled to benefits or enrolled under any part of
this title.
``(2) Definitions.--For purposes of this part:
``(A) Federal or state cobra continuation
provision.--The term `Federal or State COBRA
continuation provision' has the meaning given the term
`COBRA continuation provision' in section 2791(d)(4) of
the Public Health Service Act and includes a comparable
State program, as determined by the Secretary.
``(B) Federal health insurance program defined.--
The term `Federal health insurance program' means any
of the following:
``(i) Medicare.--Any part of this title
(other than by reason of this part).
``(ii) Medicaid.--A State plan under title
XIX.
``(iii) FEHBP.--The Federal employees
health benefit program under chapter 89 of
title 5, United States Code.
``(iv) TRICARE.--The TRICARE program (as
defined in section 1072(7) of title 10, United
States Code).
``(v) Active duty military.--Health
benefits under title 10, United States Code, to
an individual as a member of the uniformed
services of the United States.
``(C) Group health plan.--The term `group health
plan' has the meaning given such term in section
2791(a)(1) of the Public Health Service Act.
``(b) Eligibility of Individuals Age 55 to 65 Years of Age.--
``(1) In general.--Subject to paragraph (2), an individual
who meets the following requirements with respect to a month is
eligible to enroll under this part with respect to such month:
``(A) Age.--As of the last day of the month, the
individual has attained 55 years of age, but has not
attained 65 years of age.
``(B) Medicare eligibility (but for age).--The
individual would be eligible for benefits under part A
or part B for the month if the individual were 65 years
of age.
``(C) Not eligible for coverage under group health
plans or federal health insurance programs.--The
individual is not eligible for benefits or coverage
under a Federal health insurance program (as defined in
subsection (a)(2)(B)) or under a group health plan
(other than such eligibility merely through a Federal
or State COBRA continuation provision) as of the last
day of the month involved.
``(2) Limitation on eligibility if terminated enrollment.--
If an individual described in paragraph (1) enrolls under this
part and coverage of the individual is terminated under section
1860E-2(d) (other than because of age), the individual is not
again eligible to enroll under this subsection unless the
following requirements are met:
``(A) New coverage under group health plan or
federal health insurance program.--After the date of
termination of coverage under such section, the
individual obtains coverage under a group health plan
or under a Federal health insurance program.
``(B) Subsequent loss of new coverage.--The
individual subsequently loses eligibility for the
coverage described in subparagraph (A) without regard
to whether the individual has exhausted any eligibility
the individual may subsequently have for coverage under
a Federal or State COBRA continuation provision.
``(3) Change in health plan eligibility does not affect
coverage.--In the case of an individual who is eligible for and
enrolls under this part under this subsection, the individual's
continued entitlement to benefits under this part shall not be
affected by the individual's subsequent eligibility for
benefits or coverage described in paragraph (1)(C), or
entitlement to such benefits or coverage.
``SEC. 1860E-2. ENROLLMENT PROCESS; COVERAGE.
``(a) In General.--An individual may enroll in the program
established under this part only in such manner and form as may be
prescribed by regulations, and only during an enrollment period
prescribed by the Secretary consistent with the provisions of this
section. Such regulations shall provide a process under which
individuals eligible to enroll as of a month are permitted to pre-
enroll during a prior month within an enrollment period described in
subsection (b).
``(b) Enrollment Periods.--
``(1) Individuals 55 to 65 years of age.--In the case of
individuals eligible to enroll under this part under section
1860E-1(b)--
``(A) Initial enrollment period.--If the individual
is eligible to enroll under such section for January
2005, the enrollment period shall begin on November 1,
2004, and shall end on February 28, 2005. Any such
enrollment before January 1, 2005, is conditioned upon
compliance with the conditions of eligibility for
January 2005.
``(B) Subsequent periods.--If the individual is
eligible to enroll under such section for a month after
January 2005, the enrollment period shall begin on the
first day of the second month before the month in which
the individual first is eligible to so enroll and shall
end four months later. Any such enrollment before the
first day of the third month of such enrollment period
is conditioned upon compliance with the conditions of
eligibility for such third month.
``(2) Authority to correct for government errors.--The
provisions of section 1837(h) apply with respect to enrollment
under this part in the same manner as they apply to enrollment
under part B.
``(c) Date Coverage Begins.--
``(1) In general.--The period during which an individual is
entitled to benefits under this part shall begin as follows,
but in no case earlier than January 1, 2005:
``(A) In the case of an individual who enrolls
(including pre-enrolls) before the month in which the
individual satisfies eligibility for enrollment under
section 1860E-1, the first day of such month of
eligibility.
``(B) In the case of an individual who enrolls
during or after the month in which the individual first
satisfies eligibility for enrollment under such
section, the first day of the following month.
``(2) Authority to provide for partial months of
coverage.--Under regulations, the Secretary may, in the
Secretary's discretion, provide for coverage periods that
include portions of a month in order to avoid lapses of
coverage.
``(3) Limitation on payments.--No payments may be made
under this title with respect to the expenses of an individual
enrolled under this part unless such expenses were incurred by
such individual during a period which, with respect to the
individual, is a coverage period under this section.
``(d) Termination of Coverage.--
``(1) In general.--An individual's coverage period under
this part shall continue until the individual's enrollment has
been terminated at the earliest of the following:
``(A) General provisions.--
``(i) Notice.--The individual files notice
(in a form and manner prescribed by the
Secretary) that the individual no longer wishes
to participate in the insurance program under
this part.
``(ii) Nonpayment of premiums.--The
individual fails to make payment of premiums
required for enrollment under this part.
``(iii) Medicare eligibility.--The
individual becomes entitled to benefits or
enrolled under any other part of this title
(other than by reason of this part).
``(B) Termination based on age.--The individual
attains 65 years of age.
``(2) Effective date of termination.--
``(A) Notice.--The termination of a coverage period
under paragraph (1)(A)(i) shall take effect at the
close of the month following for which the notice is
filed.
``(B) Nonpayment of premium.--The termination of a
coverage period under paragraph (1)(A)(ii) shall take
effect on a date determined under regulations, which
may be determined so as to provide a grace period in
which overdue premiums may be paid and coverage
continued. The grace period determined under the
preceding sentence shall not exceed 60 days; except
that it may be extended for an additional 30 days in
any case where the Secretary determines that there was
good cause for failure to pay the overdue premiums
within such 60-day period.
``(C) Age or medicare eligibility.--The termination
of a coverage period under paragraph (1)(A)(iii) or
(1)(B) shall take effect as of the first day of the
month in which the individual attains 65 years of age
or becomes entitled to benefits or enrolled in any
other part of this title (other than by reason of this
part).
``SEC. 1860E-3. PREMIUMS.
``(a) Amount of Monthly Premiums.--The Secretary shall, during
September of each year (beginning with 2004), determine a monthly
premium for individuals 55 years of age or older, equal to \1/12\ of
the annual premium computed under subsection (b)(2), which shall apply
with respect to coverage provided under this title for any month in the
succeeding year.
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