Page:United States Statutes at Large Volume 98 Part 1.djvu/1140

 98 STAT. 1092 42 USC I395p.

42 USC I395y. 42 USC 13950.

42 USC I395q.

Supra.

PUBLIC LAW 98-369—JULY 18, 1984

(b) Section 1837 of such Act is amended by adding at the end the following new subsection: "(i)(l) In the case of an individual who— "(A) meets the conditions described in clauses (i) and (iii) of section 1862(b)(3)(A), "(B) at the time the individual first satisfies paragraph (1) or (2) of section 1836, is enrolled in a group health plan described in section 1862(b)(3)(A)(iv) by reason of the individual's (or the individual's spouse's) current employment, and "(C) has elected not to enroll (or to be deemed enrolled) under this section during the individual's initial enrollment period, there shall be a special enrollment period described in paragraph (3). "(2) In the case of an individual who— "(A) meets the conditions described in clauses (i) and (iii) of section 1862(b)(3)(A), "(B) has enrolled (or has been deemed to have enrolled) in the medical insurance program established under this part during the individual's initial enrollment period and any subsequent special enrollment period under this subsection during which the individual was not enrolled in a group health plan described in section 1862(b)(3)(A)(iv) by reason of the individual's (or individual's spouse's) current employment, and "(C) has not terminated enrollment under this section at any time at which the individual is not enrolled in such a group health plan by reason of the individual's (or individual's spouse's) current employment, there shall be a special enrollment period described in paragraph (3). "(3) The special enrollment period referred to in paragraphs (1) and (2) is the period— "(A) beginning with the first day of the third month before the month in which the individual attains the age of 70 and ending seven months later, or "(B) beginning with the first day of the first month in which the individual is no longer enrolled in a group health plan described in section 186203X3XAXiv) by reason of current employment and ending seven months later, whichever period results in earlier coverage.". (c) Section 1838 of such Act is amended by adding at the end the following new subsection: "(e) Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to— "(1) subparagraph (A) of section 1837(i)(3)— "(A) before the month in which he attains the age of 70, the coverage period shall begin on the first day of the month in which he has attained the age of 70, or "(B) in or after the month in which he attains the age of 70, the coverage period shall begin on the first day of the month following the month in which he so enrolls; or "(2) subparagraph (B) of section 1837(i)(3)— "(A) in the first month of the special enrollment period, the coverage period shall begin on the first day of such month, or "(B) in a month after the first month of the special enrollment period, the coverage period shall begin on the

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