Pub. L. 109-171, tit. V, subtit. B, ch. 2, sec. 5115
WAIVER OF PART B LATE ENROLLMENT PENALTY FOR CERTAIN INTERNATIONAL VOLUNTEERS.
SEC. 5115. WAIVER OF PART B LATE ENROLLMENT PENALTY FOR CERTAIN INTERNATIONAL VOLUNTEERS.(a) In General.—(1) Waiver of penalty.—Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended in the second sentence by inserting the following before the period at the end: “or months for which the individual can demonstrate that the individual was an individual described in section 1837(k)(3)”. (2) Special enrollment period.—(A) In general.—Section 1837 of such Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: “(k)(1) In the case of an individual who—“(A) at the time the individual first satisfies paragraph (1) or (2) of section 1836, is described in paragraph (3), and has elected not to enroll (or to be deemed enrolled) under this section during the individual’s initial enrollment period; or “(B) has terminated enrollment under this section during a month in which the individual is described in paragraph (3), there shall be a special enrollment period described in paragraph (2). “(2) The special enrollment period described in this paragraph is the 6-month period beginning on the first day of the month which includes the date that the individual is no longer described in paragraph (3). 120 STAT. 46“(3) For purposes of paragraph (1), an individual described in this paragraph is an individual who—“(A) is serving as a volunteer outside of the United States through a program—“(i) that covers at least a 12-month period; and“(ii) that is sponsored by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and“(B) demonstrates health insurance coverage while serving in the program.”. (B) Coverage period.—Section 1838 of such Act (42 U.S.C. 1395q) is amended by adding at the end the following new subsection: “(f) Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to section 1837(k), the coverage period shall begin on the first day of the month following the month in which the individual so enrolls.”. (b) Effective Date.—The amendment made by subsection (a)(1) shall apply to months beginning with January 2007 and the amendments made by subsection (a)(2) shall take effect on January 1, 2007.