[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6130 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6130

      To require the Secretary of Labor to update the model COBRA 
 continuation coverage general notice and the model COBRA continuation 
           coverage election notice, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2020

Mr. Harder of California (for himself and Mr. Schrader) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
      To require the Secretary of Labor to update the model COBRA 
 continuation coverage general notice and the model COBRA continuation 
           coverage election notice, and for other purposes.

    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 ``Improving Awareness of Health 
Coverage Options Act''.

SEC. 2. REQUIREMENT FOR SECRETARY OF LABOR TO UPDATE MODEL COBRA 
              CONTINUATION COVERAGE GENERAL NOTICE AND MODEL COBRA 
              CONTINUATION COVERAGE ELECTION NOTICE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Labor, in consultation with the 
Secretary of Health and Human Services, shall update, and make publicly 
available in a prominent location on the website of the Department of 
Labor, the model Consolidated Omnibus Budget Reconciliation Act of 1985 
(referred to in this section as ``COBRA'') continuation coverage 
general notice and the model COBRA continuation coverage election 
notice developed by the Secretary of Labor for purposes of facilitating 
compliance of group health plans with the notification requirements 
under section 606 of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1166). In updating each such notice, the Secretary of 
Labor shall include information regarding any Exchange established 
under title I of the Patient Protection and Affordable Care Act through 
which a qualified beneficiary may be eligible to enroll in a qualified 
health plan, including--
            (1) the publicly accessible internet website address for 
        such Exchange;
            (2) the publicly accessible internet website address for 
        the Find Local Help directory maintained by the Department of 
        Health and Human Services on the healthcare.gov internet 
        website (or a successor website);
            (3) a clear explanation that--
                    (A) an individual who is eligible for continuation 
                coverage may also be eligible to enroll, with financial 
                assistance, in a qualified health plan offered through 
                such Exchange, but, in the case that such individual 
                elects to enroll in such continuation coverage and 
                subsequently elects to terminate such continuation 
                coverage before the period of such continuation 
                coverage expires, such individual will not be eligible 
                to enroll in a qualified health plan offered through 
                such Exchange during a special enrollment period; and
                    (B) an individual who elects to enroll in 
                continuation coverage will remain eligible to enroll in 
                a qualified health plan offered through such Exchange 
                during an open enrollment period and may be eligible 
                for financial assistance with respect to enrolling in 
                such a qualified health plan;
            (4) information on consumer protections with respect to 
        enrolling in a qualified health plan offered through such 
        Exchange, including the requirement for such a qualified health 
        plan to provide coverage for essential health benefits (as 
        defined in section 1302(b) of such Act (42 U.S.C. 18022(b))) 
        and the requirements applicable to such a qualified health plan 
        under part A of title XXVII of the Public Health Service Act 
        (42 U.S.C. 300gg et seq.); and
            (5) information on the availability of financial assistance 
        with respect to enrolling in a qualified health plan, including 
        the maximum income limit for eligibility for a premium tax 
        credit under section 36B of the Internal Revenue Code of 1986.
    (b) Name of Notices.--In addition to updating the model COBRA 
continuation coverage general notice and the model COBRA continuation 
coverage election notice under subsection (a), the Secretary of Labor 
shall rename each such notice as the ``model COBRA continuation 
coverage and Affordable Care Act coverage general notice'' and the 
``model COBRA continuation coverage and Affordable Care Act coverage 
election notice'', respectively.
    (c) Consumer Testing.--Prior to making publicly available the model 
COBRA continuation coverage general notice and the model COBRA 
continuation coverage election notice updated under subsection (a), the 
Secretary of Labor shall provide an opportunity for consumer testing of 
each such notice, as so updated, to ensure that each such notice is 
clear and understandable to the average participant or beneficiary of a 
group health plan.
    (d) Definitions.--In this section:
            (1) Continuation coverage.--The term ``continuation 
        coverage'', with respect to a group health plan, has the 
        meaning given such term in section 602 of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1162).
            (2) Group health plan.--The term ``group health plan'' has 
        the meaning given such term in section 607 of such Act (29 
        U.S.C. 1167).
            (3) Qualified beneficiary.--The term ``qualified 
        beneficiary'' has the meaning given such term in such section 
        607.
            (4) Qualified health plan.--The term ``qualified health 
        plan'' has the meaning given such term in section 1301 of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18021).
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