The Right to Medicare Act would require that seniors affirmatively choose to enroll in Medicare Advantage plans through employer group waiver plans, rather than being automatically switched from traditional Medicare. Under current rules, employers can move retirees into Medicare Advantage without their explicit consent, but this bill would prohibit that practice and require employers to get seniors' active agreement before making any such shift. If a senior does not respond to an opt-in request from their employer, they would remain in traditional Medicare, and the employer would continue paying for that coverage. The legislation applies to plan years beginning after the bill's enactment and amends Section 1857 of the Social Security Act to establish these opt-in requirements. The bill reflects congressional intent that older Americans have a genuine right to choose between traditional Medicare and Medicare Advantage rather than being involuntarily transferred by their former employers.
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