Pub. L. 111-148, tit. III, subtit. C, sec. 3204
SIMPLIFICATION OF ANNUAL BENEFICIARY ELECTION PERIODS.
SEC. 3204. SIMPLIFICATION OF ANNUAL BENEFICIARY ELECTION PERIODS.(a) Annual 45-day Period for Disenrollment From MA Plans To Elect To Receive Benefits Under the Original Medicare Fee-for-service Program.—(1) In general.—Section 1851(e)(2)(C) of the Social Security Act (42 U.S.C. 1395w–1(e)(2)(C)) is amended to read as follows:“(C) Annual 45-day period for disenrollment from ma plans to elect to receive benefits under the original medicare fee-for-service program.—Subject to subparagraph (D), at any time during the first 45 days of a year (beginning with 2011), an individual who is enrolled in a Medicare Advantage plan may change the election under subsection (a)(1), but only with respect to coverage under the original medicare fee-for-service program under parts A and B, and may elect qualified prescription drug coverage in accordance with section 1860D–1.”.(2) Effective date.—The amendment made by paragraph (1) shall apply with respect to 2011 and succeeding years.(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.”.124 STAT. 457