Allow for suspension of Medicare benefits and premium liability for individuals who are incarcerated and provide a special enrollment period around the date of release

(a) Special enrollment period for individuals incarcerated at time of Medicare eligibility Section 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph: (5) (A) In the case of an individual who— (i) at the time the individual first satisfies paragraph (1) or (2) of section 1836(a), is incarcerated; or (ii) 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 subparagraph (B). (B) The special enrollment period referred to in subparagraph (A) is the 6-month period beginning on the first day after which the individual is no longer incarcerated.. (b) Premium amount Section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)) is amended— (1) in paragraph (1), in the second sentence, by striking and (7), and inserting (7), and (8),; and (2) by adding at the end the following new paragraph: (8) In the case of an individual whose coverage period includes months in which by reason of custody under penal authority coverage is excluded pursuant to section 1862(a)(3), the premium amount for such months such individual is in custody under penal authority shall be 0.. (c) Conforming amendment Section 1818(d)(5) of the Social Security Act (42 U.S.C. 1395i–2(d)(5)) is amended by adding at the end the following: (D) In the case of an individual who is a person who is excluded from coverage pursuant to section 1862(a)(3) by reason of custody under penal authority, the amount of the monthly premium for such individual shall be 0 for any month in which such individual is in custody under penal authority..