,,ii #aacth ,,congress #ast ,session ,s4 #adfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,mr4 ,paul introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide higher-quality1 lower-cost health care to seniors4 #a4 ,short title ,this ,act may be cited as the ,congressional ,health ,care for ,seniors ,act of #bjac4 #b4 ,enrolling seniors in the same health care plans as ,members of ,congress 7a7 ,in general ,chapter #hi of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #hija-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ab7 the term covered individual means an individual who1 taking into account section #bbf7k7 of the ,social ,security ,act1 would have been entitled to1 or could have enrolled for1 benefits under part ,a of title ,,xviii of such ,act or could have enrolled under part ,b of such title if section #ahii;,b had not been enacted4 2 7#b7 by inserting after section #hija the following3 ,i ,federal employees 2 7#c7 in section #hijb-- 7,a7 in subsection 7a7-- 7i7 by inserting 7#a7 after 7a72 and 7ii7 by adding at the end the following3 7#b7 7,a7 ,in this paragraph1 the term equivalent health benefits plan means a health benefits plan proposed to be provided that offers benefits that the ,director of the ,office of ,personnel ,management determines are substantially equivalent or superior to benefits offered under1 and does not impose requirements that are substantially different than requirements under1 a health benefits plan in which an employee could enroll on the date of enactment of the ,congressional ,health ,care for ,seniors ,act of #bjac if the employee resided-- 7i7 anywhere in the ,united ,states2 or 7ii7 in the same region of the ,united ,states as the health benefits plan proposed to be provided4 7,b7 ,for contract years beginning on or after ,january #a1 #bjae1 if a carrier offers to provide an equivalent health benefits plan1 the ,director shall enter into a contract with the carrier to provide the equivalent health benefits plan4 2 7,b7 in subsection 7e71 by striking ,the ,office may prescribe and inserting ,subject to subsection 7a77#b71 the ,office may prescribe2 and 7,c7 by adding at the end the following3 7p7 ,a contract under this chapter for a contract year beginning on or after ,january #a1 #bjae1 shall offer benefits for employees1 annuitants1 members of their families1 former spouses1 persons having continued coverage under section #hije;a of this title1 and covered individuals4 ,in administering this subchapter and subchapter ,,ii1 employees1 annuitants1 members of their families1 former spouses1 persons having continued coverage under section #hije;a of this title1 and covered individuals shall be in the same risk pool4 2 7#d7 in section #hijd-- 7,a7 by striking 7a7 ,the benefits and inserting ,the benefits2 7,b7 by striking this subsection each place it appears and inserting this section2 and 7,c7 by striking subsection 7b72 7#e7 in section #hiji7;a77#a71 by inserting and for all payments under section #hiba7;d7 before the semicolon2 7#f7 in section #hiaj1 by striking subsection 7d72 and 7#g7 by adding at the end the following3 ,,ii ,covered individuals #hiba4 ,health insurance for covered individuals 7a7 ,for contract years beginning on or after ,january #a1 #bjae1 and except as otherwise provided in this subchapter1 the ,director of the ,office of ,personnel ,management shall ensure that to the greatest extent possible health benefits plans provide benefits for covered individuals to the same extent and in the same manner as provided under subchapter ,i for employees1 annuitants1 members of their families1 former spouses1 and persons having continued coverage under section #hije;a of this title4 7b7 7#a7 ,the ,director shall establish the deadline by which a covered individual shall elect to-- 7,a7 enroll in a health benefits plan under this chapter based on the status of the individual as a covered individual2 7,b7 with the concurrence of the employer or former employer of the covered individual1 receive payments under subsection 7d7 to assist in paying for health insurance provided through the employer or former employer of the covered individual2 or 7,c7 not enroll in a health benefits plan or receive payments under this chapter4 7#b7 ,failure to make a timely election under this subsection shall be deemed as an election to not enroll in a health benefits plan or receive payment under this chapter4 7#c7 ,a covered individual-- 7,a7 may elect to enroll in a health benefits plan as an individual2 and 7,b7 may not enroll in a health benefits plan for self and family4 7#d7 7,a7 ,a covered individual who elects not to enroll1 or who elects not to continue enrollment1 in a health benefits plan under this chapter 7including a covered individual who elects to receive payments under subsection 7d77 may subsequently enroll in a health benefits plan under this chapter based on the status of the covered individual as a covered individual in accordance with such procedures1 and after paying such fees1 as the ,director of the ,office of ,personnel ,management may establish4 7,b7 ,the fact that a covered individual elects not to enroll1 or elects not to continue enrollment1 in a health benefits plan under this chapter shall not affect the eligibility of the covered individual for benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq474 7c7 7#a7 7,a7 ,a covered individual who elects to enroll in a health benefits plan under this chapter based on the status of the covered individual as a covered individual shall pay a monthly individual premium payment determined in accordance with subparagraph 7,b74 7,b7 ,the individual premium payment under subparagraph 7,a7 shall be determined based on income1 as follows3 7i7 ,for an individual with an adjusted gross income 7as defined under section #fb of the ,internal ,revenue ,code of #aihf7 of not more than #he1jjj1 the individual premium payment shall be in an amount equal to the employee contribution for the health benefits plan1 as determined under section #hijf4 7ii7 ,for an individual with an adjusted gross income of more than #he1jjj and not more than #ajg1jjj1 the individual premium payment shall be in an amount equal to the sum of-- 7,i7 the employee contribution for the health benefits plan1 as determined under section #hijf2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the ,government contribution 7as determined under section #hijf7;b772 by 7bb7 #j4je4 7iii7 ,for an individual with an adjusted gross income of more than #ajg1jjj and not more than #afj1jjj1 the individual premium payment shall be in an amount equal to the sum of-- 7,i7 the employee contribution for the health benefits plan1 as determined under section #hijf2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the ,government contribution 7as determined under section #hijf7;b772 by 7bb7 #j4a4 7iv7 ,for an individual with an adjusted gross income of more than #afj1jjj and not more than #bej1jjj1 the individual premium payment shall be in an amount equal to the sum of-- 7,i7 the employee contribution for the health benefits plan1 as determined under section #hijf2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the ,government contribution 7as determined under section #hijf7;b772 by 7bb7 #j4ae4 7v7 ,for an individual with an adjusted gross income of more than #bej1jjj and not more than #a1jjj1jjj1 the individual premium payment shall be in an amount equal to the sum of-- 7,i7 the employee contribution for the health benefits plan1 as determined under section #hijf2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the ,government contribution 7as determined under section #hijf7;b772 by 7bb7 #j4e4 7vi7 ,for an individual with an adjusted gross income of more than #a1jjj1jjj1 the individual premium payment shall be in an amount equal to the sum of-- 7,i7 the employee contribution for the health benefits plan1 as determined under section #hijf2 and 7,,ii7 the ,government contribution 7as determined under section #hijf7;b774 7,c7 ,the ,director of the ,office of ,personnel ,management shall adjust the income amounts under subparagraph 7,b7 annually to reflect changes in the ,consumer ,price ,index for all ,urban ,consumers published by the ,department of ,labor4 7#b7 7,a7 ,for a covered individual who is entitled to monthly benefits under section #bjb or #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #djb and #dbc71 the monthly premiums of the covered individual under this subchapter shall 7except as provided in subparagraph 7,b7 or 7,c77 be collected by deducting the amount of the premium from the amount of such monthly benefits4 7,b7 ,for a covered individual who is entitled to receive for a month an annuity under the ,railroad ,retirement ,act of #aigd 7whether or not the covered individual is also entitled for such month to a monthly insurance benefit under section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb771 the monthly premiums of the covered individual under this subchapter shall 7except as provided in subparagraph 7,c77 be collected by deducting the amount thereof from such annuity or pension4 7,c7 ,if a covered individual to whom subparagraph 7,a7 or 7,b7 applies estimates that the amount which will be available for deduction under such subparagraph for any premium payment period will be less than the amount of the monthly premiums for such period1 the covered individual may pay to the ,director of the ,office of ,personnel ,management such portion of the monthly premiums for such period as the covered individual desires4 7,d7 ,for a covered individual who is not described in subparagraph 7,a7 or 7,b7 and who elects to enroll in a health benefits plan under this chapter1 or with respect to whom subparagraph 7,c7 applies1 the covered individual shall pay monthly premiums to the ,director of the ,office of ,personnel ,management at such times1 and in such manner1 as the ,director shall by regulations prescribe4 7,e7 ,amounts deducted or paid under this paragraph shall be deposited in the ,treasury to the credit of the ,employees ,health ,benefits ,fund established under section #hiji4 7,f7 ,after consultation with the ,director of the ,office of ,personnel ,management1 the ,secretary of ,health and ,human ,services shall establish procedures for making and depositing deductions under this paragraph4 7#c7 ,the ,director of the ,office of ,personnel ,management shall establish procedures for terminating the enrollment of a covered individual in a health benefits plan if the covered individual fails to make timely payment of premiums1 which shall allow such a covered individual to reenroll in a health benefits plan under such terms and conditions as the ,director may prescribe4 7d7 ,the ,director of the ,office of ,personnel ,management shall make periodic payments to the employer or former employer providing health insurance to a covered individual who makes an election under subsection 7b77#a77;,b7 in a total amount not to exceed the lesser of-- 7#a7 the cost to the employer or former employer of providing health insurance to the covered individual2 and 7#b7 the average ,government contribution for an individual enrolled in a health benefits plan under this chapter that is available to individuals residing anywhere in the ,united ,states4 7e7 ,for fiscal year #bjae and each fiscal year thereafter1 there are appropriated to the ,employees ,health ,benefits ,fund established under section #hiji1 out of any funds in the ,treasury not otherwise appropriated-- 7#a7 an amount equal to-- 7,a7 the taxes imposed by sections #caja7;b7 and #caaa7;b7 of the ,internal ,revenue ,code of #aihf with respect to wages reported to the ,secretary of the ,treasury pursuant to subtitle ,f of such ,code after ,december #ca1 #bjad1 as determined by the ,secretary of the ,treasury by applying the applicable rates of tax under such sections to such wages1 which wages shall be certified by the ,commissioner of ,social ,security on the basis of records of wages established and maintained by the ,commissioner of ,social ,security in accordance with such reports2 7,b7 the taxes imposed by section #adja7;b7 of the ,internal ,revenue ,code of #aihf with respect to self-employment income reported to the ,secretary of the ,treasury on tax returns under subtitle ,f of such ,code1 as determined by the ,secretary of the ,treasury by applying the applicable rate of tax under such section to such self-employment income1 which self-employment income shall be certified by the ,commissioner of ,social ,security on the basis of records of self-employment established and maintained by the ,commissioner of ,social ,security in accordance with such returns2 and 7,c7 any amounts that1 on or after ,january #a1 #bjae1 are to be deposited in the ,federal ,hospital ,insurance ,trust ,fund established under section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i7 under any other provision of law2 and 7#b7 a ,government contribution equal to the difference obtained by subtracting-- 7,a7 the sum of-- 7i7 the total amount of premiums paid by covered individuals under subsection 7c77#b7 for the fiscal year2 and 7ii7 the amount appropriated under paragraph 7#a72 from 7,b7 the sum of-- 7i7 the total cost for the fiscal year of subscription charges for health benefits plans for covered individuals enrolled in a health benefits plan based on the status of the covered individuals as covered individuals2 and 7ii7 the total amount of payments for the fiscal year under subsection 7d74 7f7 ,the ,director of the ,office of ,personnel ,management shall establish1 in consultation with the ,secretary of ,health and ,human ,services acting through the ,administrator of the ,centers for ,medicare ,medicaid ,services1 procedures to ensure that health benefits plans coordinate with ,state ,medicaid programs with respect to the provision of cost-sharing and other medical assistance for covered individuals enrolled in health benefit plans who are also eligible for medical assistance and enrolled in a ,state ,medicaid program4 ,,iii ,coverage of high risk individuals #hida4 ,reimbursement of costs for high risk individuals 7a7 ,in this section1 the term high risk individual means an individual identified under subsection 7b77#a74 7b7 ,after the end of each contract year beginning on or after ,january #a1 #bjae1 the ,director of the ,office of ,personnel ,management shall-- 7#a7 identify1 for the contract year1 individuals who-- 7,a7 enrolled in a health benefits plan under this chapter for a contract year2 and 7,b7 who1 of all individuals enrolled in a health benefits plan under this chapter for the contract year1 are in the highest #e percent in terms of benefits paid by a carrier under a health benefits plan relating to the contract year2 and 7#b7 pay to a carrier contracting to provide a health benefits plan to a high risk individual for the contract year #ij percent of the benefits paid by the carrier relating to the high risk individual4 7c7 7#a7 ,for fiscal year #bjae and each fiscal year thereafter1 there are appropriated to the ,director of the ,office of ,personnel ,management from the ,federal ,hospital ,insurance ,trust ,fund established under section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i7 such sums as are necessary to carry out this section4 7#b7 ,if the amounts appropriated under paragraph 7#a7 are insufficient to carry out this section1 for fiscal year #bjae and each fiscal year thereafter1 there are appropriated to the ,director of the ,office of ,personnel ,management1 out of any funds in the ,treasury not otherwise appropriated1 such sums as are necessary to carry out this section4 4 7b7 ,exemption from insurance requirements 7#a7 ,amendment to title #e ,chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after section #hija the following3 #hija;,a4 ,exemption from insurance requirements ,title ,i of the ,patient ,protection and ,affordable ,care ,act1 subtitle ,a of title ,x of such ,act1 and the amendments made by such title ,i and subtitle ,a shall not apply to health benefits plans4 4 7#b7 ,conforming amendment ,section #bgji of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#h7 7as added by section #ajajc of the ,patient ,protection and ,affordable ,care ,act7 is amended-- 7,a7 by striking subsection 7g72 and 7,b7 by redesignating subsection 7h7 as subsection 7g74 7c7 ,technical and conforming amendments ,chapter #hi of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the table of sections-- 7,a7 by inserting after the item relating to section #hija the following3 #hija;,a4 ,exemption from insurance requirements4 ,,subchapter ,i--,federal employees 2 and 7,b7 by adding at the end the following3 ,,subchapter ,,ii--,covered individuals #hiba4 ,health insurance for covered individuals4 ,,subchapter ,,iii--,coverage of high risk individuals #hida4 ,reimbursement of costs for high risk individuals4 2 7#b7 in section #hijb;a7d77#a7-- 7,a7 in subparagraph 7,a71 by adding or at the end2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7#c7 by striking section #hiaj7;d74 7d7 ,effective date2 applicability ,the amendments made by this section shall take effect on the date of enactment of this ,act and apply on and after ,january #a1 #bjae4 #c4 ,transitioning ,medicare patients to coverage under the ,federal ,employees ,health ,benefits ,program 7a7 ,increase in ,medicare eligibility age ,section #bbf of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf7 is amended by adding at the end the following new subsection3 7k7 ,increasing ,medicare qualifying age 7#a7 ,in general ,notwithstanding any other provision of law1 any reference in this section1 title ,,xviii1 or title ,,xix 7insofar as it relates to the eligibility age for ,medicare benefits under title ,,xviii7 to age #fe shall be deemed a reference to the ,medicare qualifying age specified in paragraph 7#b74 7#b7 ,medicare qualifying age specified ,the ,medicare qualifying age specified in this paragraph is determined as follows3 7,a7 ,in the case of an individual who attains #fe years of age before ,january #a1 #bjae1 the ,medicare qualifying age is #fe years of age4 7,b7 ,in the case of an individual who attains #fe years of age in a year after #bjad1 and before #bjce1 the ,medicare qualifying age is the ,medicare qualifying age specified in this paragraph for the previous year increased by #c months4 7,c7 ,in the case of an individual who attains #fe years of age in a year after #bjcd1 the ,medicare qualifying age is #gj years of age plus the number of months in the age increase factor 7as determined under paragraph 7#c774 7#c7 ,age increase factor ,the ,commissioner of ,social ,security shall determine 7using reasonable actuarial assumptions7 and publish on or before ,november #a of each calendar year after #bjcc the number of months 7rounded1 if not a multiple of one month1 to the next lower multiple of one month7 by which life expectancy as of ,october #a of such calendar year of an individual attaining age #fe on such ,october #a exceeds the life expectancy as of ,october #a1 #bjcd1 of an individual attaining age #fe on ,october #a1 #bjcd4 ,with respect to an individual who attains age #fe in the calendar year following any calendar year in which a determination is made under this paragraph1 the age increase factor shall be the number of months determined under this paragraph as of ,october #a of such calendar year in which such determination is made4 4 7b7 ,sunset ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended by adding at the end the following new section3 #ahii;,b4 ,sunset of ,medicare program with transition to coverage under the ,federal ,employees ,health ,benefits ,program ,notwithstanding any other provision of law1 on and after ,january #a1 #bjae1 the following rules shall apply3 7#a7 ,the preceding provisions of this title shall not apply4 7#b7 ,no payments for items and services furnished under this title after such date shall be made4 ,no additional1 bonus1 or incentive payments under this title1 such as graduate medical education payments1 may be made4 7#c7 ,payments for items and services furnished under this title prior to such date shall be made in the same manner as if this section had not been enacted4 7#d7 ,all ,medicare supplemental policies under section #ahhb are terminated4 7#e7 ,all demonstration projects conducted under this title are terminated4 7#f7 ,entitlement to health benefits for individuals who1 but for this section 7and taking into account section #bbf7k771 would have been entitled to1 or could have enrolled for1 benefits under part ,a or could have enrolled under part ,b shall be through enrollment in a health benefits plan under chapter #hi of title #e1 ,united ,states ,code4 7#g7 ,at a date determined appropriate by the ,secretary 7after payments described in paragraph 7#c7 have been made71 amounts in the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund 7including the ,medicare ,prescription ,drug ,account within such ,trust ,fund7 shall be transferred to the ,employees ,health ,benefits ,fund established under section #hiji of chapter #e1 ,united ,states ,code4 7#h7 ,any determination under ,federal law 7other than this title and title ,,ii7 relating to ,medicare eligibility shall be made based on whether an individual is a covered individual1 as defined in section #hija of title #e1 ,united ,states ,code4 4 7c7 ,conforming amendment 7#a7 ,section #bbf of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf71 as amended by subsection 7a71 is amended by adding at the end the following new subsection3 7l7 ,notwithstanding the preceding provisions of this section1 on and after ,january #a1 #bjae1 entitlement to health benefits to individuals who1 but for this subsection and section #ahii;,b1 would have been entitled to benefits under part ,a and eligible to enroll under part ,b of title ,,xviii pursuant to this section shall be through enrollment in a health benefits plan under chapter #hi of title #e1 ,united ,states ,code1 rather than under title ,,xviii of this ,act4 4 7#b7 ,section #bbf;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf7 is amended by adding at the end the following new subsection3 7d7 ,notwithstanding the preceding provisions of this section1 on and after ,january #a1 #bjae1 entitlement to health benefits to individuals who1 but for this subsection and section #ahii;,b1 would have been entitled to benefits under part ,a and eligible to enroll under part ,b of title ,,xviii pursuant to this section shall be through enrollment in a health benefits plan under chapter #hi of title #e1 ,united ,states ,code1 rather than under title ,,xviii of this ,act4 4 7d7 ,recommendations to ,states ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall make available to ,states recommendations with respect to requirements for health care entities and individuals under the ,medicare program that1 by reason of section #ahii;,b of the ,social ,security ,act1 as added by subsection 7b71 will no longer apply but that should be considered on the ,state level4