Public Health Emergency COBRA Extension Act

I 116TH CONGRESS 2D SESSION H. R. 7942 To provide the option to extend COBRA continuation coverage through the last day of the 1-year period succeeding the COVID–19 emergency pe- riod, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 4, 2020 Ms. SA´NCHEZ (for herself, Mr. SCHNEIDER, and Mrs. FLETCHER) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide the option to extend COBRA continuation cov- erage through the last day of the 1-year period suc- ceeding the COVID–19 emergency period, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Public Health Emer- 4 gency COBRA Extension Act’’. 5 VerDate Sep 11 2014 21:33 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7942.IH H7942 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7942 IH SEC. 2. OPTION TO EXTEND COBRA CONTINUATION COV- 1 ERAGE THROUGH THE LAST DAY OF THE 1- 2 YEAR PERIOD SUCCEEDING THE COVID–19 3 EMERGENCY PERIOD. 4 (a) IN GENERAL.—Except as provided in subsection 5 (b), if a qualifying event specified in subsection (c)(1)(A) 6 with respect to any assistance eligible individual occurs 7 during the period beginning on March 1, 2020, and ending 8 on the last day of the 1-year period succeeding the emer- 9 gency period described in section 1135(g)(1)(B) of the So- 10 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) and the 11 period of coverage for COBRA continuation coverage with 12 respect to such individual would, but for this subsection, 13 otherwise terminate, the date which is the last day of the 14 1-year period succeeding such emergency period. 15 (b) OPTION FOR OTHER MAXIMUM REQUIRED PE- 16 RIOD.—If any assistance eligible individual elects to have 17 this subsection apply, the period of coverage for COBRA 18 continuation coverage with respect to such individual shall 19 be the maximum required period under section 603 of the 20 Employee Retirement Income Security Act of 1974, sec- 21 tion 4980B(f)(3) of the Internal Revenue Code of 1986, 22 section 2203 of the Public Health Service Act, or section 23 8905a of title 5, United States Code, that would otherwise 24 apply notwithstanding subsection (a). 25 (c) DEFINITIONS.—In this section: 26 VerDate Sep 11 2014 21:33 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7942.IH H7942 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7942 IH (1) ASSISTANCE ELIGIBLE INDIVIDUAL.—The 1 term ‘‘assistance eligible individual’’ means, at any 2 time during the emergency period described in sec- 3 tion 1135(g)(1)(B) of the Social Security Act, any 4 individual that is a qualified beneficiary that— 5 (A) is eligible for COBRA continuation 6 coverage by reason of a qualifying event speci- 7 fied in section 603 of the Employee Retirement 8 Income Security Act of 1974, section 9 4980B(f)(3) of the Internal Revenue Code of 10 1986, section 2203 of the Public Health Service 11 Act, or section 8905a of title 5, United States 12 Code; and 13 (B) elects such coverage. 14 (2) COBRA CONTINUATION COVERAGE.—The 15 term ‘‘COBRA continuation coverage’’ means con- 16 tinuation coverage provided pursuant to part 6 of 17 subtitle B of title I of the Employee Retirement In- 18 come Security Act of 1974 (other than under section 19 609), title XXII of the Public Health Service Act, 20 section 4980B of the Internal Revenue Code of 1986 21 (other than subsection (f)(1) of such section insofar 22 as it relates to pediatric vaccines), or section 8905a 23 of title 5, United States Code, or under a State pro- 24 gram that provides comparable continuation cov- 25 VerDate Sep 11 2014 21:33 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7942.IH H7942 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7942 IH erage. Such term does not include coverage under a 1 health flexible spending arrangement under a cafe- 2 teria plan within the meaning of section 125 of the 3 Internal Revenue Code of 1986. 4 (3) PERIOD OF COVERAGE.—Any reference in 5 this subsection to a period of coverage shall be treat- 6 ed as a reference to a monthly or shorter period of 7 coverage with respect to which premiums are 8 charged with respect to such coverage. 9 (4) QUALIFIED BENEFICIARY.—The term 10 ‘‘qualified beneficiary’’ has the meaning given such 11 term in section 607(3) of the Employee Retirement 12 Income Security Act of 1974. 13 Æ VerDate Sep 11 2014 21:33 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7942.IH H7942 pamtmann on DSKBC07HB2PROD with BILLS