I 111th CONGRESS 2d Session H. R. 5664 IN THE HOUSE OF REPRESENTATIVES July 1, 2010 Mr. Ellsworth (for himself and Mr. Doyle) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title I of the Patient Protection and Affordable Care Act to permit certain individuals losing their COBRA continuation coverage to have access to the high-risk health insurance pool program established under such title.

1.

Short title

This Act may be cited as the High-Risk Pool Fairness Act.

2.

Expanding access to high-risk health insurance pool program to certain individuals losing their COBRA continuation coverage

Section 1101(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended— (1)by striking (2) has and inserting (2)(A) has; (2)by striking at the end of subparagraph (A), as designated by paragraph (1) of this section, and and inserting or; and (3)by adding at the end the following new subparagraphs: (B)is a qualified beneficiary for purposes of COBRA continuation coverage (as defined in subparagraph (B) of section 3001(a)(10)(B) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5)) who has elected such coverage and with respect to whom the date of the expiration of the maximum period of such coverage required under the applicable COBRA continuation coverage provision (as defined in subparagraph (C) of such section)— (i)occurred during the 6-month period prior to the date on which such individual is applying for coverage through the high risk pool; or (ii)will occur during the 30-day period following the date described in clause (i); and .