Kurt's Work

Congressmen Kurt Schrader (D-OR-05), Gus Bilirakis (R-FL-06), Mike Thompson (D-CA-05), and Vern Buchanan (R-FL-16) today introduced the bipartisan H.R. 2564 – Medicare Enrollment Protection Act of 2019 to protect seniors from coverage gaps in Medicare by closing the Medicare Part B-COBRA loophole.

Under current law, anyone 65 and older who does not enroll in Medicare Part B within eight months of retiring or being laid off from his or her job is penalized with a higher lifetime premium and a delayed start to Medicare coverage. This includes those who opt into COBRA coverage upon retirement which essentially extends the coverage they received under their employer for up to an additional 18 months.

“A complicated enrollment process should not prevent anyone from receiving coverage, and it certainly should not penalize them for the rest of their life,” said Congressman Schrader. “No one should be slapped with higher premiums for life simply because they opted into a program that kept them in their own network longer. Our bill will close this loophole in the enrollment process and protect our seniors from being without coverage at a time when they need it most, providing them with a system of continuous enrollment.”

"We want to ensure the transition from private health care to Medicare is easy,” said Congressman Bilirakis. “The current law does not meet that objective.  Additionally, the law does not properly reflect the need for flexibility due to the various challenges that those exiting the workforce face in today’s economy.  Our bill empowers seniors to make the health care decisions that best fit their individual needs without fear of a lifetime penalty, and I look forward to its quick passage." 

“Medicare is a critical piece of ensuring a dignified retirement for our nation’s seniors, which is why I am proud to be an original sponsor of the Medicare Enrollment Protection Act of 2019,” said Congressman Thompson. “This bill will make it easier for seniors with COBRA coverage to access Medicare and ensure they aren’t hit with unaffordable penalties or delays in coverage.” 

“Confusing enrollment policies shouldn't threaten seniors' access to Medicare or penalize them with higher lifetime premiums just because they choose to stay in their current network,” said Congressman Buchanan. “It is critical that we pass this common-sense measure to protect seniors from health coverage gaps and make sure they are not unfairly penalized.”

Congressman Schrader first introduced a version of this bill in 2010, two years after the recession hit, causing mass layoffs and forcing thousands to retire early. Many of those 65 and older, who were forced to retire early, opted to enroll in COBRA to ensure that they remained in their current provider’s network. Once their COBRA coverage expired, they were forced to wait until the next Medicare enrollment period, delaying coverage for as long as a year and triggering higher premiums for life. The Medicare Enrollment Protection Act of 2019 will establish a special enrollment period for seniors who miss their enrollment periods due to COBRA continuation coverage.