Ritter Insurance Marketing, Craig Ritter

HR 3590 Appears to Eliminate the AEP for 2011 Plan Year

Thanks to Jeff for finding this!

I’m assuming that this is must be some sort of typo!  I got the following comment from Jeff on a prior blog post:

If I apply the changes of 3204(b) to 1851(e)(3)(b), I end up with:

(B) Annual, coordinated election period.—For purposes of this section, the term `annual, coordinated election period’ means—
(i) with respect to a year before 2002, the month of November before such year;
(ii) with respect to 2002, 2003, 2004, and 2005, the period beginning on November 15 and ending on December 31 of the year before such year;
(iii) with respect to 2006, the period beginning on November 15, 2005, and ending on May 15, 2006;
(iv) with respect to 2007, 2008, 2009, and 2010, the period beginning on November 15 and ending on December 31 of the year before such year; and
(v) with respect to 2012 and succeeding years, the period beginning on October 15 and ending on December 7 of the year before such year.

It sure does seem like there won’t be an AEP in 2011.

I ran through the Bill and the existing code and came to the same conclusion.  Somebody forgot about 2011!  You can find the existing code for Title 41 1395w here.  Page down about 1/2 way until you get to the header “3.  Annual, coordinated election period” (or just Control F to find the text on the page).

If you don’t want to look it up, here is the text, copied and pasted:

(B) Annual, coordinated election period

For purposes of this section, the term “annual, coordinated election period” means—
(i) with respect to a year before 2002, the month of November before such year;
(ii) with respect to 2002, 2003, 2004, and 2005, the period beginning on November 15 and ending on December 31 of the year before such year;
(iii) with respect to 2006, the period beginning on November 15, 2005, and ending on May 15, 2006; and
(iv) with respect to 2007 and succeeding years, the period beginning on November 15 and ending on December 31 of the year before such year.

I have HR 3590 in my blog post here.  You can find section 3204 on page 338.  For ease of comparison, I have the language from HR 3590 copied and pasted below:

(b) TIMING OF THE ANNUAL, COORDINATED ELECTION PERIOD
UNDER PARTS C AND D.—Section 1851(e)(3)(B) of the Social Security
Act (42 U.S.C. 1395w–1(e)(3)(B)) is amended—
(1) in clause (iii), by striking ‘‘and’’ at the end;
(2) in clause (iv)—
(A) by striking ‘‘and succeeding years’’ and inserting
‘‘, 2008, 2009, and 2010’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(3) by adding at the end the following new clause:
‘‘(v) with respect to 2012 and succeeding years,
the period beginning on October 15 and ending on
December 7 of the year before such year.’’.

As Jeff states, when you merge the existing Code with the revisions of HR 3590, you get no Annual, Coordinated Enrollment Period for the time period preceding plan plan year 2011 (meaning the end of this year, 2010).

I’m assuming that this was not the intention of HR 3590.  If this was not the intention, I’m wondering if they mean to cover the AEP preceding plan year 2011 in section iv (November 15th, 2010 and ending December 31st, 2010) or in section v. (October 15th, 2010 and ending December 7th, 2010).

I’ll be curious to see how this gets fixed.



Posted by filed under CMS, Enrollment Periods, Medicare Advantage, News .


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