,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #iecb  ,,in ,,the ,,house ,,of  
,,representatives  ,june #bi1 #bjbf,mr4 
,torres of ,new ,york 7for himself and  
,ms4 ,clarke of ,new ,york7 introduced  
the following bill2 which was referred  
to the ,committee on ,ways and ,means1  
and in addition to the ,committee on    
,energy and ,commerce1 for a period to  
be subsequently determined by the       
,speaker1 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 prohibit  
group health plan payment clawbacks in  
certain circumstances4  #a4 ,short title
 ,this ,act may be cited as the ,no     
,medicare ,clawbacks ,act of #bjbf4  #b4
 ,prohibiting group health plan payment 
clawbacks in certain circumstances      
,section #ahfb7;b7 of the ,social       
,security ,act 7#db ,u4,s4,c4 #aciey7b77
 is amended--  7#a7 in paragraph        
7#a77;,a77ii7-- 7,a7 by striking ,clause

 7i7 and inserting the following3  7,i7 
,in general ,clause 7i7  2 and  7,b7 by 
adding at the end the following new     
subclause3  7,,ii7 ,prohibition on      
payment clawbacks in certain            
circumstances ,in the case of an item or
 service furnished to an individual     
entitled to benefits under this title   
under section #bbf7;a7 who is also      
enrolled in a group health plan1 if     
clause 7i7 would otherwise apply to such
 individual and plan but for application
 of subclause 7,i7 and if such plan     
initially makes payment for such item or
 service without regard to such         
entitlement1 such plan may not later    
recoup such payment1 in whole or part1  
on the basis that such individual was so
 entitled to such benefits1 provided    
that-- 7aa7 such item or service was    
furnished during a period of retroactive
 coverage of part ,a benefits applicable
 to such individual2 and  7bb7 at the   
time such item or service was furnished1
 such individual was not behind on any  

employee contribution owed by such      
individual with respect to enrollment in
 such plan4  2 and  7#b7 in paragraph   
7#c77;,a71 by inserting or in the case  
of a group health plan that recoups     
payment in violation of paragraph       
7#a77;,a77ii77,,ii7 before the period4