Health Protection and Assistance for Older Americans Act

TABLE OF CONTENTS:

Title I: Health Care Coverage Choices for 55 to 65 Year Olds

Subtitle A: Access to Medicare Benefits for Individuals

62-to-65 Years of Age

Subtitle B: Access to Medicare Benefits for Displaced

Workers 55-to-62 Years of Age

Subtitle C: COBRA Protection for Early Retirees

Title II: Expansion of Long-Term Care Protection

Title III: Reauthorization of the Older Americans Act of

1965

Health Protection and Assistance for Older Americans Act of 1999 - Title I: Health Care Coverage Choices for 55-to-65 Year Olds - Subtitle A: Access to Medicare Benefits for Individuals 62-to-65 Years of Age - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Purchase of Medicare Benefits by Certain Individuals Age 62-to-65 Years of Age). Makes eligible to enroll in Medicare during a specified period individuals between the ages of 62 and 65 who: (1) are not eligible for coverage under group health plans or Federal health insurance; but (2) would be Medicare-eligible if age 65. Requires prior notification of each individual seeking to enroll of the deferred monthly premium amount for which the individual will be liable upon attaining age 65.

Directs the Secretary of Health and Human Services to determine rates for: (1) the base monthly premium; (2) the base annual premium for individuals age 62 or older, reduced appropriately for a premium area that has costs below the national average, in order to assure participation in all areas of the country; and (3) the deferred premium for such individuals.

Directs the Secretary to provide for payment and collection of the base monthly premium. Makes the enrollee liable for the deferred monthly premium payment. Requires collection of both premiums in the same manner as for the payment of monthly premiums under Medicare part B (Supplementary Medical Insurance).

Creates in the Treasury the Medicare Early Access Trust Fund (Trust Fund) to hold collected premiums.

Directs: (1) the Trust Fund's Board of Trustees to report annually to the Congress on the need for adjustments in the new program in order to maintain its financial solvency; and (2) the Comptroller General to report periodically to the Congress on the adequacy of program financing along with appropriate recommendations to accomplish such end.

Requires: (1) individuals enrolled under the new part D program to be treated for Medicare purposes as though they were entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B; and (2) new part D program benefits to be payable under Medicare to such individuals in the same manner as if they were so entitled and enrolled.

Provides that the new part D program shall not be treated as Medicare for purposes of the Medicaid program (SSA title XIX), including the provision of Medicare cost-sharing assistance, nor for purposes of COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) continuation requirements of the Public Health Service Act.

Subtitle B: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age - Amends SSA title XVIII part D to rename the newly established part D program the Purchase of Medicare Benefits by Certain Individuals Age 55-to-65 Years of Age. Provides for part D coverage for certain displaced workers and spouses between the ages of 55 and 62 under arrangements similar to those in title I. Directs the Secretary to provide for continued enrollment of displaced workers who attain 62 years of age.

Subtitle C: COBRA Protection for Early Retirees - Chapter 1: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event.

Chapter 2: Amendments to the Public Health Service Act - Amends the Public Health Service Act to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event.

Subtitle C: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event.

Title II: Expansion of Long-Term Care Protection - Amends the Internal Revenue Code to provide an annual long-term care credit of $1000 per applicable person for whom a taxpayer is an eligible caregiver.

(Sec. 202) Amends Federal law to set forth provisions for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants.

Authorizes the Office of Personnel Management to purchase group long-term care insurance policies from, and design benefits packages and negotiate final offerings with, qualified carriers. Provides that policy coverage and benefits shall be guaranteed to be renewable and may not be canceled except for nonpayment of premiums. Requires provided benefits to be compliant with standards recommended by the National Association of Insurance Commissioners. Requires premium payments to be withheld from the pay or annuities of enrollees. Sets forth provisions governing the filing of claims, the administrative resolution of claims disputes, and the jurisdiction of U.S. district courts over related suits.

Authorizes appropriations.

Title III: Reauthorization of the Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to extend through FY 2002 authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the national family caregiver program; (5) availability of surplus commodities; (6) training, research, and discretionary projects and programs; (7) community service employment for older Americans; (8) grants for Native Americans; (9) allotments for vulnerable elder rights protection activities; and (10) the Native American program.

(Sec. 302) Amends the Older Americans Act of 1965 to replace the program for in-home services for frail older individuals with a national family caregiver support program consisting of: (1) a State grant program of support for families and other informal providers of in-home and community care to older individuals; (2) a grant program to foster development of innovative approaches to caregiving, including minority and distant caregivers; and (3) grants or contracts for related activities of national significance.

(Sec. 304) Makes funds under part D of title III of the Older Americans Act of 1965 available for reallotment.