04/12/2025 | Press release | Distributed by Public on 04/12/2025 11:49
WASHINGTON - U.S. Representatives Lloyd Smucker (PA-11), Angie Craig, Gus Bilirakis (FL-12), Mike Thompson (CA-05), Erin Houchin (IN-09), and Donald Norcross (NJ-01) have introduced the Medicare Enrollment Protection Act. This bipartisan legislation aims to protect seniors who enroll in Medicare Part B after their COBRA coverage ends from potential coverage gaps and late enrollment penalties.
Under current law, all seniors must enroll in Medicare Part B within three months of turning 65. Seniors who continue working past 65 and maintain employer-sponsored coverage are granted an exception. However, COBRA continuation coverage does not qualify for this exemption.
As a result, seniors who choose to extend their coverage through COBRA instead of enrolling in Medicare are subject to waiting periods of up to a year before they can begin receiving coverage and risk a lifetime of increased Part B premiums and other financial penalties.
The Medicare Enrollment Protection Act seeks to close this loophole by creating a transition period that would allow seniors on COBRA to enroll in Part B during any month they have active COBRA coverage. As long as they enroll in Medicare Part B before their COBRA coverage ends, they would not be subject to a permanent late enrollment penalty.
"This legislation is a commonsense effort to make health care more affordable for American seniors by providing a transition period before Medicare late enrollment penalties are applied,'' Rep. Smucker said. "Seniors should be able to make their own choices and enroll in Medicare at an age that makes sense for themselves, not one set by the federal government. I have been fighting for this change to make the enrollment process easier since coming to Congress. I will work to secure support from my colleagues on both sides of the aisle, and look forward to this bill's passage."
"Seniors shouldn't be penalized for keeping their existing health coverage before enrolling in Medicare," said Rep. Erin Houchin (IN-09). "The Medicare Enrollment Protection Act is a commonsense solution that protects seniors from unexpected penalties and ensures they have the flexibility and peace of mind they deserve."
"Medicare has provided care to millions of seniors and people with disabilities for decades. Protecting access to this program is vital to ensure they continue to receive the care they need," said Rep. Thompson. "The bipartisan Medicare Enrollment Protection Act will help Americans enroll in Medicare and work to ensure beneficiaries are not faced with unexpected expensive penalties. I'm pleased to join my colleagues to protect access to Medicare for those who depend on this program."
"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."
"Seniors have paid into Medicare their whole life and it is time we make it easier to access the healthcare they have earned," said Congressman Norcross. "Seniors already have to overcome complex hurdles to find the coverage they need, and they shouldn't face excessive penalties for the time it takes them to do so. The Medicare Enrollment Protection Act will empower seniors across South Jersey and America, increasing access to high-quality health care without burdensome penalties."
"We should be making it easier for seniors to access the health care they need, not harder, and that's what this common sense, bipartisan bill will do," said Rep. Angie Craig. "I'll keep working across the aisle to lower health care costs, cut bureaucratic red tape and make life better for every Minnesotan."
The legislation has earned support from national and local advocates.
"Ensuring that all seniors, including those on COBRA, receive fair and equitable treatment is a vital step forward. This proposal empowers seniors to make healthcare choices that best fit their needs without the worry of lifetime penalties. NABIP commends Representative Smucker's commitment to this issue and urges Congress to support this proposal, ensuring seniors are not subjected to undue financial hardships while maintaining access to continuous healthcare coverage." - NABIP CEO Jessica Brooks-Woods
Joshua Brooker, Chief Visionary Officer at SnapHealth and resident of Pennsylvania's 11th Congressional District shared the following statement:
"As a constituent and someone who works closely with retirees navigating Medicare, I'm grateful for Congressman Smucker's continued leadership on issues that impact seniors. In my experience, about 75% of those transitioning into retirement lean on a broker to help make sense of the process. For those who remain on COBRA, it's often a well-intentioned decision based on familiarity and the desire to avoid making a mistake.
The Medicare Enrollment Protection Act acknowledges that Medicare enrollment can be complex-and that sometimes, people simply need a little more time and clarity. This bill provides a thoughtful, one-time opportunity for individuals to make the switch without being penalized. It's a practical, people-first solution that reflects the reality many retirees face.
Thank you, Congressman Smucker, for continuing to support policies that meet seniors where they are."