H.R. 5518 — Introduced in House

I 118th CONGRESS 1st Session H. R. 5518 IN THE HOUSE OF REPRESENTATIVES September 14, 2023Mr. Torres of New York (for himself and Ms. Malliotakis) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 to require individuals the choice to opt in to enrollment in employer group waiver plans under Medicare Advantage. 1. Short title This Act may be cited as the Right to Medicare Act. 2. Sense of Congress; purpose (a) Sense of Congress It is the sense of Congress that seniors have the right to choose between traditional Medicare or Medicare Advantage. (b) Purpose The purpose of this Act is to ensure that: (1) Public and private employers are prohibited from involuntarily forcing seniors to shift from Medicare to Medicare Advantage. (2) Employers are required to offer an opt-in option to shift from traditional Medicare to Medicare Advantage. (3) If an employee or retiree does not respond to the opt-in ask, that shall be viewed as opting out from shifting to Medicare Advantage. This requires the employer to continue paying for their traditional Medicare coverage. 3. Requiring opt-in for enrollment in employer group waiver plans under Medicare Advantage Section 1857(i) of the Social Security Act (42 U.S.C. 1395w–27(i)) is amended— (1) in paragraph (1), by inserting , subject to paragraph (3), after the Secretary may; (2) in paragraph (2), by inserting , subject to paragraph (3), after the Secretary may; and (3) by adding at the end the following new paragraph: (3) Opt-in requirement For plan years beginning on or after the date of the enactment of the Right to Medicare Act, with respect to an MA plan described in paragraph (1) or paragraph (2), the Secretary may not waive or modify any requirement that an individual described in either such paragraph affirmatively elect to enroll in such plan before such individual is so enrolled. .