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S. 1280Senate116th Congress (2019-2021)In Committee

BENES Act of 2019

Sponsored by Robert P. Casey Jr.Sen. Robert P. Casey Jr. (D-PA)
Introduced May 2, 2019

AI-Generated Summary

Updated April 14, 2026 at 4:33 AM UTC

The BENES Act of 2019 amends the Social Security Act to set up a system that notifies people as they near Medicare eligibility and makes the enrollment process clearer and more modern. It requires a notice about Medicare benefits, penalties, coordination and special groups to be included in Social Security statements for individuals aged 60‑65, and to be mailed twice to those in the Medicare waiting period. The bill also changes the timing of Medicare Part B enrollment periods and updates the general enrollment window, while directing the agencies to review and post the notices online regularly.

Key Provisions

  • Add a Medicare eligibility notice to Social Security account statements for people aged 60‑65, explaining benefits, late‑enrollment penalties, coordination of coverage, and special considerations for groups such as veterans and low‑income individuals.
  • Require the Secretary of Health and Human Services, in consultation with a broad range of stakeholders, to develop, review (at least every two years), and update the notice, and to post it prominently on agency websites.
  • Create a new requirement that individuals in the Medicare waiting period receive the notice by mail twice: once at least three months before their enrollment period and again at least one month before.
  • Adjust the effective dates for Medicare Part B enrollment, specifying when coverage starts based on when a person enrolls relative to the month they become eligible.
  • Change the general Medicare enrollment period: for coverage beginning in 2022 and later, the period runs from October 15 of the prior year through December 31, replacing the earlier January‑March window.
  • Make a technical correction to the language describing the end of the enrollment period, changing “close of the enrollment period” to “close of the month,” effective November 1, 2021.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

May 2, 2019

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SenateIntro Referral

Introduced in Senate

May 2, 2019

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

May 2, 2019

Bill Text

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Introduced in SenateIssued May 2, 2019

II

116th CONGRESS

1st Session

S. 1280

IN THE SENATE OF THE UNITED STATES

May 2, 2019

Mr. Casey (for himself, Mr. Young, Ms. Stabenow, Ms. Collins, Mr. Portman, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XVIII of the Social Security Act to establish a system to notify individuals approaching Medicare eligibility, to simplify and modernize the eligibility enrollment process, and for other purposes.

1.

Short title

This Act may be cited as the Beneficiary Enrollment Notification and Eligibility Simplification Act of 2019 or the BENES Act of 2019.

2.

Beneficiary Enrollment Notification and Eligibility Simplification

(a)

Eligibility and enrollment notices

(1)

As part of social security account statement for individuals age 60 to 65

Section 1143(a) of the Social Security Act (42 U.S.C. 1320b–13(a)) is amended by adding at the end the following new paragraph:

(4)

Medicare eligibility information

(A)

In general

In the case of statements provided on or after the date that is 2 years after the date of the enactment of this Act to individuals who have attained 60 years of age but have not attained 65 years of age, the statement shall also include a notice containing the information described in subparagraph (B).

(B)

Contents of Notice

The notice required under subparagraph (A) shall contain information on (including a clear, simple explanation of)—

(i)

eligibility for benefits under the Medicare program under title XVIII, and in particular benefits under part B of such title;

(ii)

the possibility of a late enrollment penalty for failure to timely enroll (including the process for requesting relief under section 1837(h) in plain language);

(iii)

the need for coordination of benefits under such part B (including primary and secondary coverage scenarios) imposed under title XVIII; and

(iv)

populations, such as veterans, for whom there are special considerations with respect to enrollment under this title.

(C)

Development of notice

(i)

In general

The Secretary, in consultation with representatives of each of the groups described in subparagraph (D)(i), and in coordination with the Commissioner of Social Security, shall develop the notice to be provided pursuant to subparagraph (A).

(ii)

Notice improvement

The Secretary, not less than once every two years, shall—

(I)

review the content of the notice to be provided under subparagraph (A); and

(II)

update and revise such notice as the Secretary deems appropriate.

(D)

Groups for consultation

(i)

In general

For purposes of subparagraph (C), the groups described in this clause include the following:

(I)

Individuals who are more than 60 years of age.

(II)

Veterans.

(III)

Individuals with disabilities.

(IV)

Individuals with end stage renal disease.

(V)

Low-income individuals and families.

(VI)

Employers (including human resources professionals).

(VII)

States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance).

(VIII)

State Health Insurance Assistance Programs.

(IX)

Health insurers.

(X)

Health insurance agents and brokers.

(XI)

Such other groups as specified by the Secretary.

(ii)

Nonapplication of FACA

The Federal Advisory Committee Act shall not apply to consultations made pursuant to subparagraph (C) with groups described in clause (i).

(E)

Posting of notice on websites

The Commissioner of Social Security and the Secretary shall each ensure that the notice being used under subparagraph (A) is posted in a prominent location on their respective Department Internet website.

.

(2)

Individuals in Medicare waiting period

Title XI of the Social Security Act is amended by inserting after section 1144 the following new section:

1144A.

Medicare enrollment notification and eligibility notices for individuals in Medicare waiting period

(a)

Notices

(1)

In general

The Commissioner of Social Security, in coordination with the Secretary, shall distribute the notice developed and used by the Commissioner under section 1143(a)(4) to individuals in the Medicare waiting period under section 226(b) of this Act.

(2)

Authority to modify notice

The Secretary, in coordination with the Commissioner of Social Security, may modify the notice to be distributed under paragraph (1) as necessary to take into account the population receiving the notice.

(3)

Posting of notice on websites

The Commissioner of Social Security and the Secretary shall each ensure that the notice being distributed under paragraph (1) is posted in a prominent location on their respective Department Internet website.

(b)

Timing

Beginning two years after the date of the enactment of this section, a notice required under subsection (a)(1) shall be mailed to an individual no less than two times in accordance with the following:

(1)

The notice shall be provided to such individual no later than 3 months prior to the date of such individual’s enrollment period as provided under section 1837.

(2)

The notice shall subsequently be provided to such individual no later than one month prior to such date.

.

(b)

Beneficiary Medicare part B enrollment periods and effective date of coverage

(1)

Effective dates

Section 1838(a) of the Social Security Act (42 U.S.C. 1395q(a)) is amended—

(A)

by amending paragraph (2) to read as follows:

(2)
(A)

in the case of an individual who enrolls pursuant to subsection (d) of section 1837 before the month in which he first satisfies paragraph (1) or (2) of section 1836, the first day of such month,

(B)

in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning before January 2021 and who enrolls—

(i)

pursuant to such subsection (d) in such month in which he first satisfies such paragraph, the first day of the month following the month in which he so enrolls,

(ii)

pursuant to such subsection (d) in the month following such month in which he first satisfies such paragraph, the first day of the second month following the month in which he so enrolls, or

(iii)

pursuant to such subsection (d) more than one month following such month in which he satisfies such paragraph, the first day of the third month following the month in which he so enrolls,

(C)

in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning on or after January 1, 2021, and who enrolls pursuant to such subsection (d) in such month in which he first satisfies such paragraph or in any subsequent month of his initial enrollment period, the first day of the month following the month in which he so enrolls,

(D)

in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning before October 15, 2020, the July 1 following the month in which he so enrolls, or

(E)

in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning on or after October 15, 2020, the first day of the month following the month in which he so enrolls.

; and

(B)

by amending paragraph (3) to read as follows:

(3)
(A)

in the case of an individual who is deemed to have enrolled on or before the last day of the third month of his initial enrollment period, the first day of the month in which he first meets the applicable requirements of section 1836 or July 1, 1973, whichever is later,

(B)

in the case of an individual who is deemed to have enrolled on or after the first day of the fourth month of his initial enrollment period beginning before January 1, 2021, as prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and (D) of paragraph (2) of this subsection, or

(C)

in the case of an individual who is deemed to have enrolled on or after the first day of the fourth month of his initial enrollment period beginning on or after January 1, 2021, as prescribed under paragraph (2)(C) of this subsection.

.

(2)

General and special enrollment periods

Section 1837(e) of the Social Security Act (42 U.S.C. 1395p(e)) is amended to read as follows:

(e)

Enrollment Periods

(1)

For coverage during years before 2022

There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year before 2022.

(2)

For coverage during years beginning with 2022

For coverage during years beginning with 2022 and each subsequent year, there shall be a general enrollment period beginning on October 15 of the previous year through December 31 of such previous year.

(3)

Exceptional Circumstances

The Secretary may establish a special enrollment period in the case that an individual meets such exceptional conditions as the Secretary may provide.

.

(3)

Technical correction

(A)

In general

Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking close of the enrollment period each place it appears and inserting close of the month.

(B)

Effective date

The amendment made by subparagraph (A) shall take effect on November 1, 2021.