Page:United States Statutes at Large Volume 113 Part 2.djvu/897

 PUBLIC LAW 106-113—APPENDIX F 113 STAT. 1501A-379 termination of enrollment, the date on which the individual was notified by the Medicare+Choice organization of the impending termination or discontinuance of the Medicare+Choice plan it offers in the area in which the individual resides, but only if the individual disenrolls from the plan as a result of such notification. "(ii) In the case of an individual making such an election, the issuer involved shall accept the application of the individual submitted before the date of termination of enrollment, but the coverage under subparagraph (A) shall only become effective upon termination of coverage under the Medicare+Choice plan involved.". (b) CONTINUOUS OPEN ENROLLMENT FOR INSTITUTIONALIZED INDIVIDUALS.—Section 1851(e)(2) (42 U.S.C. 1395w-21(e)(2)) is amended— (1) in subparagraph (B)(i), by inserting "and subparagraph (D)" after "clause (ii)"; (2) in subparagraph (C)(i), by inserting "and subparagraph (D)" after "clause (ii)"; and (3) by adding at the end the following new subparagraph: " (D) CONTINUOUS OPEN ENROLLMENT FOR INSTITU-, TIONALIZED INDIVIDUALS. —At any time after 2001 in the case of a Medicare+Choice eligible individual who is institutionalized (as defined by the Secretary), the individual may elect under subsection (a)( 1)— "(i) to enroll in a Medicare+Choice plan; or "(ii) to change the Medicare+Choice plan in which the individual is enrolled.". (c) CONTINUING ENROLLMENT FOR CERTAIN ENROLLEES.— Section 1851(b)(1) (42 U.S.C. 1395w-21(b)(1)) is amended— (1) in subparagraph (A), by inserting "and except as provided in subparagraph (C)" after "may otherwise provide"; and (2) by adding at the end the following new subparagraph: " (C) CONTINUATION OF ENROLLMENT PERMITTED WHERE SERVICE CHANGED.— Notwithstanding subparagraph (A) and in addition to subparagraph (B), if a Medicare+Choice organization eliminates from its service area a Medicare+Choice payment area that was previously within its service area, the organization may elect to offer individuals residing in all or portions of the affected area who would otherwise be ineligible to continue enrollment the option to continue enrollment in a Medicare+Choice plan it offers so long as— "(i) the enrollee agrees to receive the full range of basic benefits (excluding emergency and urgently needed care) exclusively at facilities designated by the organization within the plan service area; and "(ii) there is no other Medicare+Choice plan offered in the area in which the enrollee resides at the time of the organization's election.". (d) EFFECTIVE DATES.— (1) The amendments made by subsection (a) apply to notices of impending terminations or discontinuances made on or after the date of the enactment of this Act. (2) The amendments made by subsection (c) apply to elections made on or after the date of the enactment of this Act with respect to eliminations of Medicare+Choice payment areas from a service area that occur before, on, or after the date of the enactment of this Act. 69-194-01-29:QL3Pan2

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