[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3725 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3725
To amend title XVIII of the Social Security Act to provide benefits
under the Medicare program for first responders at the age of 57.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2023
Mr. Panetta (for himself and Mrs. Chavez-DeRemer) 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 provide benefits
under the Medicare program for first responders at the age of 57.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responders' Care Expansion Act
of 2023'' or the ``FORCE Act of 2023''.
SEC. 2. PROVIDING BENEFITS UNDER THE MEDICARE PROGRAM FOR FIRST
RESPONDERS AT THE AGE OF 57.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395c et seq.) is amended by adding at the end the following new
section:
``medicare for first responders at age 57
``Sec. 1899C. (a) Option.--
``(1) In general.--Every individual who meets the
requirements described in paragraph (2) shall be eligible to
enroll under this section.
``(2) Eligibility.--The requirements described in this
paragraph are the following:
``(A) Age.--The individual has attained 57 years of
age, but has not attained 65 years of age.
``(B) First responder.--The individual has worked
for a total of 10 years or longer in any occupation (or
a combination of occupations) identified by any of the
following codes (or successor codes) under the Standard
Occupations Classification System established by the
Bureau of Labor Statistics:
``(i) 33-1010.
``(ii) 33-1020.
``(iii) 33-2000.
``(iv) 33-3000 (other than any occupations
identified under code 33-3040).
``(v) 33-9092.
``(C) Medicare eligibility (but for age).--The
individual is not otherwise entitled to benefits under
part A or eligible to enroll under part A or part B but
would be so entitled (or so eligible) if the individual
were 65 years of age.
``(3) Part a, b, and d benefits and protections.--An
individual enrolled under this section is entitled to the same
benefits (and shall receive the same protections) under this
title as an individual who is entitled to benefits under part A
and enrolled under part B, including the ability to enroll in a
prescription drug plan under part D or a Medicare Advantage
plan (including such a plan that provides qualified
prescription drug coverage (an MA-PD plan)) and including
access to the Medicare Beneficiary Ombudsman under section
1808(c).
``(b) Enrollment and Coverage Periods.--
``(1) Enrollment.--An individual eligible to enroll under
this section may so enroll--
``(A) during the 1-month period prior to the
individual becoming so eligible; or
``(B) at any time while such individual is so
eligible.
``(2) Coverage.--An individual enrolled under this section
shall be eligible for benefits provided under this section
beginning with the first day of the first month beginning after
the date such individual so enrolls and ending on the earlier
of the following:
``(A) The date on which such individual elects to
terminate enrollment under this section.
``(B) The date on which such individual becomes
entitled to benefits under part A or eligible to enroll
for benefits under part B.
``(c) Premium.--
``(1) Amount of monthly premiums.--The monthly premium
payable for coverage for a month under this section for an
individual is equal to--
``(A) the monthly premium that would apply to such
individual for such month under section 1839 if such
individual were enrolled under part B; plus
``(B) in the case of an individual who would not be
entitled to benefits under part A for such month
pursuant to section 226 if the individual were 65 years
of age, the monthly premium that would apply to such
individual for such month under section 1818 if such
individual were enrolled under part A.
``(2) Additional premiums.--In the case of an individual
enrolled under this section who elects to enroll in a Medicare
Advantage plan under part C or a prescription drug plan under
part D, the provisions of such part C or such part D, as
applicable, relating to payment of premiums for individuals so
enrolled shall apply to individuals enrolled under this
section.
``(d) Payment of Premiums.--
``(1) Payment.--Premiums for enrollment under this section
shall be paid to the Secretary at such times, and in such
manner, as the Secretary determines appropriate.
``(2) Deposit.--Amounts collected by the Secretary under
this section shall be deposited in the Medicare First Responder
Trust Fund established under subsection (e).
``(e) Medicare First Responder Trust Fund.--
``(1) In general.--There is hereby created on the books of
the Treasury of the United States a trust fund to be known as
the `Medicare First Responder Trust Fund' (in this subsection
referred to as the `Trust Fund'). The Trust Fund shall consist
of such gifts and bequests as may be made as provided in
section 201(i)(1) and such amounts as may be deposited in, or
appropriated to, such fund as provided in this title.
``(2) Premiums.--Premiums collected under subsection (d)
(not including any premium payable pursuant to paragraph (2) of
such subsection) shall be transferred to the Trust Fund.
``(3) Incorporation of provisions.--Subsections (b) through
(i) of section 1841 shall apply with respect to the Trust Fund
and this title in the same manner as they apply with respect to
the Federal Supplementary Medical Insurance Trust Fund and part
B, respectively, except that in applying such section 1841, any
reference in such section to `this part' shall be construed to
be a reference to this section and any reference in section
1841(h) to section 1840(d) and in section 1841(i) to sections
1840(b)(1) and 1842(g) are deemed to be references to
comparable authority exercised under this section.
``(f) Clarification.--Nothing in this section shall affect the
benefits or eligibility under this title of individuals who would
otherwise be entitled to or eligible for benefits under this title or
title XIX, or both.
``(g) Treatment in Relation to the Affordable Care Act.--
``(1) Treatment as minimum essential coverage.--For
purposes of applying section 5000A of the Internal Revenue Code
of 1986, the coverage provided through enrollment under this
section constitutes minimum essential coverage under subsection
(f)(1)(A)(i) of such section.
``(2) Medicaid managed care.--States are prohibited from
buying their Medicaid beneficiaries ages 57 to 64 who are
eligible to enroll under this section into Medicare under this
section, and individuals otherwise eligible for enrollment
under a State plan under title XIX are prohibited from coverage
under this title pursuant to enrollment under this section. The
preceding sentence shall not apply to Medicaid beneficiaries
whose Medicaid coverage or eligibility does not meet the
definition of minimum essential coverage under a government-
sponsored program under section 1.5000A-2 of title 26, Code of
Federal Regulations (or any successor regulation).
``(3) Access to medigap.--Coverage provided through
medicare supplemental policies certified under section 1882
shall be made available to individuals eligible for enrollment
pursuant to this section for enrollment, information,
comparison, and otherwise as such a policy through any internet
website described in paragraph (2).''.
(b) Medigap.--Section 1882 of the Social Security Act is amended by
adding at the end the following new subsection:
``(aa) Development of New Standards for Certain Medicare
Supplemental Policies Relating to First Responder Coverage.--The
Secretary shall request the National Association of Insurance
Commissioners to review and revise the standards for benefit packages
described in subsection (p)(1), to otherwise update standards to
include requirements for each medicare supplemental policy that offers
such a policy in a State, with respect to each year, to accept every
individual in the State who is eligible for enrollment pursuant to
section 1899C and who applies for such coverage for such year if the
individual applies for enrollment in such policy during the 30-day
period following the date of enrollment pursuant to section 1899C and
to accept every such individual during a period of transition from
enrollment pursuant to such section to enrollment under this title
pursuant to eligibility other than under such section. Such revisions
shall be made consistent with the rules applicable under subsection
(p)(1)(E) with the reference to the `1991 NAIC Model Regulation' deemed
a reference to the NAIC Model Regulation as published in the Federal
Register on December 4, 1998, and as subsequently updated by the
National Association of Insurance Commissioners to reflect previous
changes in law and the reference to `date of enactment of this
subsection' deemed a reference to the date of enactment of this
subsection (aa).''.
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