CMS Proposed Medicare SEP

On April 22, 2022, CMS released a proposed rule that would create a Medicare special enrollment period (SEP) to be timed with the end of the Medicaid continuous coverage requirement. CMS is proposing the SEP for individuals enrolled in Medicaid when they initially qualify for Medicare who do not enroll in Medicare coverage when they turn 65, resulting in a coverage gap if they are then determined ineligible for Medicaid coverage following the end of the continuous coverage requirement. The proposed SEP would allow individuals to enroll after termination of Medicaid coverage following the end of the federal public health emergency (PHE) without being subject to a late enrollment penalty.