[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3182 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3182

      To provide for equal access to COBRA continuation coverage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2010

  Mrs. Boxer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
      To provide for equal access to COBRA continuation coverage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to COBRA Act of 2010''.

SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Qualified Beneficiary.--Section 4980B(g)(1)(A) of the Internal 
Revenue Code of 1986 is amended in the matter preceding clause (i) by 
inserting ``including, but not limited to'' after ``under the plan''.
    (b) Special Rule for Retirees and Widows.--Section 4980B(g)(1)(D) 
of the Internal Revenue Code of 1986 is amended in the matter preceding 
clause (i) by inserting ``including, but not limited to'' after ``under 
the plan''.
    (c) Special Rule for Certain Bankruptcy Proceedings.--Section 
4980B(f)(2)(B)(i)(III) of the Internal Revenue Code of 1986 is 
amended--
            (1) by striking ``proceedings),'' and inserting 
        ``proceedings):''; and
            (2) by striking ``or qualified beneficiary (described in 
        subsection (g)(1)(D)(iii)), or in the case of the surviving 
        spouse or dependent children of the covered employee'' and 
        inserting ``, qualified beneficiary (described in subsection 
        (g)(1)(D)(iii)), or surviving domestic partner as determined 
        under the plan; or in the case of a qualified beneficiary 
        described in subsection (g)(1)(D)''.
    (d) Qualifying Event.--Section 4980B(f)(3) of the Internal Revenue 
Code of 1986 is amended by inserting after subparagraph (F) the 
following:
                    ``(G) The qualified beneficiary ceases to be the 
                covered employee's domestic partner as determined under 
                the plan.''.
    (e) Notice Requirements.--Section 4980B(f)(6)(A) of the Internal 
Revenue Code of 1986 is amended by striking ``and spouse of the 
employee (if any)'' and inserting ``and, if any, such covered 
employee's qualified beneficiaries who are age 19 or older''.

SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) Qualified Beneficiary.--Section 607(3)(A) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)(A)) is 
amended in the matter preceding clause (i) by inserting ``including, 
but not limited to'' after ``under the plan''.
    (b) Special Rule for Retirees and Widows.--Section 607(3)(C) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)(C)) 
is amended in the matter preceding clause (i) by inserting ``including, 
but not limited to'' after ``under the plan''.
    (c) Special Rule for Certain Bankruptcy Proceedings.--Section 
602(2)(A)(iii) of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1162(2)(A)(iii)) is amended--
            (1) by striking ``proceedings),'' and inserting 
        ``proceedings):''; and
            (2) by striking ``or qualified beneficiary (described in 
        section 607(3)(C)(iii)), or in the case of the surviving spouse 
        or dependent children of the covered employee'' and inserting 
        ``, qualified beneficiary (described in section 
        607(3)(C)(iii)), or surviving domestic partner as determined 
        under the plan; or in the case of a qualified beneficiary 
        described in section 607(3)(C)''.
    (d) Qualifying Event.--Section 603 of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1163) is amended by inserting 
after paragraph (6) the following:
            ``(7) The qualified beneficiary ceases to be the covered 
        employee's domestic partner as determined under the plan.''.
    (e) Notice Requirements.--Section 606(a)(1) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1166(a)(1)) is 
amended by striking ``and spouse of the employee (if any)'' and 
inserting ``and, if any, such covered employee's qualified 
beneficiaries who are age 19 or older''.

SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Qualified Beneficiary.--Section 2208(3)(A) of the Public Health 
Service Act (42 U.S.C. 300bb-8(3)(A)) is amended in the matter 
preceding clause (i) by inserting ``including, but not limited to'' 
after ``under the plan''.
    (b) Qualifying Event.--Section 2203 of the Public Health Service 
Act (42 U.S.C. 300bb-3) is amended by inserting after paragraph (6) the 
following:
            ``(7) The qualified beneficiary ceases to be the covered 
        employee's domestic partner as determined under the plan.''.
    (c) Notice Requirements.--Section 2206(1) of the Public Health 
Service Act (42 U.S.C. 300bb-6(1)) is amended by striking ``and spouse 
of the employee (if any)'' and inserting ``and, if any, such covered 
employee's qualified beneficiaries who are age 19 or older''.
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