,,ii #aaeth ,,congress #ast ,session ,s4 #baag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #i1 #bjag ,mr4 ,nelson 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to expand eligibility for the ,,tricare program to include certain veterans entitled to benefits under the ,medicare program due to conditions or injuries incurred during service in the ,armed ,forces and to waive the ,medicare part ,b late enrollment penalty for such veterans1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,access to ,insurance for ,retired 7,,fair7 ,heroes ,act of #bjag4 #b4 ,eligibility for ,,tricare for veterans entitled to ,medicare benefits due to conditions or injuries incurred during service in the ,armed ,forces 7a7 ,,tricare provisions 7#a7 ,in general ,paragraph 7#b7 of section #ajhf7;d7 of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 by striking is enrolled and inserting 7i7 is enrolled2 7,b7 by redesignating subparagraph 7,b7 as clause 7ii72 7,c7 in clause 7ii71 as redesignated by paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7,d7 by inserting after subparagraph 7,a7 the following new subparagraph 7,b73 7,b7 is a person described in subparagraph 7,a77ii7 who-- 7i7 is retired for disability under chapter #fa of this title as a result of an injury or condition suffered during service in the armed forces2 7ii7 7,i7 is entitled to hospital insurance benefits under part ,a of title ,,xviii of the ,social ,security ,act pursuant to subparagraph 7,a7 or 7,c7 of section #bbf7;b77#b7 of such ,act 7#db ,u4,s4,c4 #dbf7;b77#b77 and is entitled to a benefit described in subparagraph 7,a7 of such section2 or 7,,ii7 is entitled to hospital insurance benefits under part ,a of title ,,xviii of the ,social ,security ,act pursuant to subparagraph 7,a7 or 7,c7 of such section and whose entitlement to a benefit described in subparagraph 7,a7 of such section terminated due to performance of substantial gainful activity2 and 7iii7 has declined to enroll in the supplementary medical insurance program under part ,b of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;j et seq474 4 7#b7 ,allowance of one change of enrollment ,such section is further amended by adding at the end the following new paragraph3 7#f7 7,a7 ,except as provided in subparagraph 7,b71 after the end of the special enrollment period provided under section #b7;a77#c7 of the ,fair ,access to ,insurance for ,retired 7,,fair7 ,heroes ,act of #bjag1 an individual described in paragraph 7#b77;,b7 may switch only once from enrollment under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 to enrollment in a plan contracted for under subsection 7a74 7,b7 ,the limitation under subparagraph 7,a7 does not apply to enrollment by an individual in a plan contracted for under subsection 7a7 by reason of termination of the entitlement of the individual to a benefit described in subparagraph 7,a7 of section #bbf7;b77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf7;b77#b77 due to the performance of substantial gainful activity4 4 7#c7 ,special enrollment period 7,a7 ,in general ,the ,secretary of ,defense shall provide for a special enrollment period during which an individual described in subsection 7d77#b77;,b7 of section #ajhf of title #aj1 ,united ,states ,code1 may enroll in a health care plan under such section4 ,such period shall begin as soon as possible after the date of the enactment of this ,act and shall end #ab months later4 7,b7 ,coverage period ,in the case of an individual who enrolls during the special enrollment period provided under subparagraph 7,a71 the coverage period under section #ajhf of title #aj1 ,united ,states ,code1 shall begin on the first day of the month following the month in which the individual enrolls4 7#d7 ,conforming amendments ,section #ajhf7;d7 of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#d77;,a71 in the matter preceding clause 7i71 by striking paragraph 7#b77;,b7 and inserting paragraph 7#b77;,a77ii72 and 7,b7 in paragraph 7#e7-- 7i7 by striking subparagraph 7,b7 and inserting subparagraph 7,a77ii72 and 7ii7 by striking subparagraph 7,a7 and inserting subparagraph 7,a77i74 7b7 ,medicare provisions 7#a7 ,waiver of ,medicare part ,b late enrollment penalty 7,a7 ,in general ,section #ahci7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7b77 is amended by adding at the end the following new sentences3 ,no increase in the premium shall be effected for a month in the case of an individual who demonstrates to the ,secretary that the individual1 with respect to such month1 is an individual described in section #ajhf7;d77#b77;,b7 of title #aj1 ,united ,states ,code4 ,the ,secretary of ,health and ,human ,services shall consult with the ,secretary of ,defense in identifying individuals described in the previous sentence44 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall apply to premiums for months beginning after the date of the enactment of this ,act4 ,the ,secretary shall establish a method for providing rebates of premium penalties paid for months after the date of the enactment of this ,act for which a penalty does not apply under such amendment but for which a penalty was previously collected4 7#b7 ,medicare part ,b special enrollment period 7,a7 ,in general ,in the case of any individual who1 as of the date of the enactment of this ,act1 is eligible to enroll but is not enrolled under part ,b of title ,,xviii of the ,social ,security ,act and is an individual described in section #ajhf7;d77#b77;,b7 of title #aj1 ,united ,states ,code1 the ,secretary of ,health and ,human ,services shall provide for a special enrollment period during which the individual may enroll under such part4 ,such period shall begin as soon as possible after the date of the enactment of this ,act and shall end #ab months later4 7,b7 ,coverage period ,in the case of an individual who enrolls during the special enrollment period provided under subparagraph 7,a71 the coverage period under part ,b of title ,,xviii of the ,social ,security ,act shall begin on the first day of the month following the month in which the individual enrolls4 7c7 ,notification and information to beneficiaries 7#a7 ,notification regarding insurance options ,the ,secretary of ,defense shall coordinate with the ,secretary of ,health and ,human ,services to identify individuals described in section #ajhf7;d77#b77;,b7 of title #aj1 ,united ,states ,code1 as added by subsection 7a71 and notify those individuals about their health insurance options under the ,,tricare program1 as defined in section #ajgb of such title1 and the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 7#b7 ,provision of information to beneficiaries 7,a7 ,in general ,the ,secretary of ,defense shall provide to individuals described in paragraph 7#a7 educational materials1 information1 and counseling regarding the effects of not enrolling in the supplementary medical insurance program under part ,b of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;j et seq471 including information comparing premiums1 copayments1 deductibles1 provider networks1 future enrollment opportunities1 and penalties for the various health insurance plans available to assist those individuals in making appropriate health insurance choices4 7,b7 ,timing ,the ,secretary shall provide the educational materials1 information1 and counseling described in subparagraph 7,a7 to an individual described in paragraph 7#a7 before the individual elects to change enrollment between the ,,tricare program1 as defined in section #ajgb of title #aj1 ,united ,states ,code1 and the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474