Smucker and Bipartisan Group Introduce the Medicare Enrollment Protection Act

Press Release

U.S. Representatives Lloyd Smucker (PA-11), Kurt Schrader (OR-05), Gus Bilirakis (FL-12), Mike Thompson (CA-05), Tim Walberg (MI-07), and Mikie Sherrill (NJ-11) have introduced the Medicare Enrollment Protection Act. This bipartisan legislation would help to protect seniors enrolling in Medicare Part B after COBRA coverage expiration from potential coverage gaps and late enrollment penalties.

Under current law, all seniors are required to enroll in Medicare Part B within three months of turning 65. While seniors with employer coverage who continue working past 65 are allowed an exception to this rule, COBRA continuation coverage does not qualify.

As a result, seniors who choose to continue their care through COBRA without enrolling in Medicare are subject to waiting periods of up to a year before they can begin receiving coverage and risk a lifetime of increased Part B premiums and other financial penalties.

The Medicare Enrollment Protection Act would work to address this loophole in the enrollment process by creating a transition period that allows seniors on COBRA to enroll in Part B during any month in which COBRA coverage is active. As long as the individual enrolls in Part B coverage before the COBRA coverage ends, he or she will not be hit with a permanent Part B late enrollment penalty.

"This legislation is a commonsense effort to make health care more affordable for American seniors by providing a transition period before Medicare late enrollment penalties are applied,'' Rep. Smucker said. "Seniors should be able to make their own choices and enroll in Medicare at an age that makes sense for themselves, not one set by the federal government. I have been fighting for this change to make the enrollment process easier since coming to Congress. I will work to secure support from my colleagues on both sides of the aisle, and look forward to this bill's passage."

"For far too long, the Medicare enrollment process has been overly complicated and burdensome," Rep. Schrader said. "Our bipartisan bill would help make the enrollment process easier for seniors who choose to stay on their employer's COBRA insurance and ensure they have the time and resources to find the appropriate health care coverage without incurring unnecessary delays, higher premiums or financial ramifications. Well intended seniors, one of our most vulnerable populations, should not face unintended consequences that can limit their access to coverage and subsequent care."

"We want to ensure the transition from private health care to Medicare is easy," Rep. Bilirakis said. "The current law does not meet that objective. Additionally, the law does not properly reflect the need for flexibility due to the various challenges that those exiting the workforce face in today's economy. Our bill empowers seniors to make the health care decisions that best fit their individual needs without fear of a lifetime penalty, and I look forward to its quick passage."

"Medicare has provided care to millions of seniors and people with disabilities for decades, and protecting access to this program is vital to ensure they continue to receive the care they need," Rep. Thompson said. "The Medicare Enrollment Protection Act will help Americans enroll in Medicare and work to ensure beneficiaries are not faced with unexpected expensive penalties. Proud to introduce this bill alongside a bipartisan group of colleagues to protect access to Medicare for those who depend on this program."

"To improve outcomes for seniors, they should be empowered--not penalized--to make personalized health care choices that best meet their needs," Rep. Walberg said. "Given the many complexities that come with Medicare enrollment, the last thing seniors need is the prospect of life-long higher costs. Our bipartisan legislation makes important reforms to streamline the system and remove barriers to affordable, uninterrupted coverage."

"This bipartisan legislation cuts through the rep tape and empowers seniors to make healthcare decisions based on personal needs," Rep. Sherrill said. "A bureaucratic enrollment process should never be an obstacle to Medicare access or hit seniors with unaffordable penalties. I am committed to advancing access to Medicare and quality health care for seniors in NJ-11 and across the country."

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