Pub. L. 111-148, tit. III, subtit. C, sec. 3204 (as amended)
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) [42 U.S.C. 1395w–21 note] 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.”
.
- Cross-references to the US Code
- 42 U.S.C. 1395w–21 note