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S. 2551 (105th): A bill to amend title XVIII of the Social Security Act to permit the replacement of health insurance policies for certain disabled medicare beneficiaries notwithstanding that the replacement policies may duplicate medicare benefits.

The text of the bill below is as of Oct 5, 1998 (Introduced).


S 2551 IS

105th CONGRESS

2d Session

S. 2551

To amend title XVIII of the Social Security Act to permit the replacement of health insurance policies for certain disabled medicare beneficiaries notwithstanding that the replacement policies may duplicate medicare benefits.

IN THE SENATE OF THE UNITED STATES

October 5 (legislative day, OCTOBER 2), 1998

Mr. D’AMATO introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To amend title XVIII of the Social Security Act to permit the replacement of health insurance policies for certain disabled medicare beneficiaries notwithstanding that the replacement policies may duplicate medicare benefits.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PERMITTING REPLACEMENT OF CERTAIN HEALTH INSURANCE POLICIES BY CERTAIN DISABLED MEDICARE BENEFICIARIES NOTWITHSTANDING DUPLICATION OF MEDICARE BENEFITS.

    Section 1882(d)(3)(A) of the Social Security Act (42 U.S.C. 1395ss(d)(3)(A)) is amended--

      (1) in clause (vi)(III), by inserting ‘or (ix)’ after ‘(v)’;

      (2) in clause (viii), by striking ‘or (vi)(III)’ and inserting ‘(vi)(III), or (ix)’ each place it appears; and

      (3) by adding at the end the following new clause:

    ‘(ix) For purposes of this subparagraph, a health insurance policy (which may be a contract for a health maintenance organization) that becomes effective on or after January 1, 1999, is not considered to ‘duplicate’ health benefits under this title or title XIX or under another health insurance policy if it--

      ‘(I) provides comprehensive health care benefits that replace the benefits provided by another health insurance policy that was originally purchased before January 1, 1996, and that has been maintained pursuant to a State law governing the sale or discontinuance of health insurance contracts sold to individuals;

      ‘(II) is being provided to an individual who is enrolled (or is eligible to be enrolled) under part B on the basis of being entitled to benefits under part A pursuant to section 226(b); and

      ‘(III) is otherwise prevented by this subparagraph from purchasing a health insurance policy to replace an existing policy that has been maintained by an insurer pursuant to a State law.’.