[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7942 Introduced in House (IH)]

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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 period, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2020

Ms. Sanchez (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 coverage through the 
last day of the 1-year period succeeding the COVID-19 emergency period, 
                        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 ``Public Health Emergency COBRA 
Extension Act''.

SEC. 2. OPTION TO EXTEND COBRA CONTINUATION COVERAGE THROUGH THE LAST 
              DAY OF THE 1-YEAR PERIOD SUCCEEDING THE COVID-19 
              EMERGENCY PERIOD.

    (a) In General.--Except as provided in subsection (b), if a 
qualifying event specified in subsection (c)(1)(A) with respect to any 
assistance eligible individual occurs during the period beginning on 
March 1, 2020, and ending on the last day of the 1-year period 
succeeding the emergency period described in section 1135(g)(1)(B) of 
the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) and the period of 
coverage for COBRA continuation coverage with respect to such 
individual would, but for this subsection, otherwise terminate, the 
date which is the last day of the 1-year period succeeding such 
emergency period.
    (b) Option for Other Maximum Required Period.--If any assistance 
eligible individual elects to have this subsection apply, the period of 
coverage for COBRA continuation coverage with respect to such 
individual shall be the maximum required period under section 603 of 
the Employee Retirement Income Security Act of 1974, section 
4980B(f)(3) of the Internal Revenue Code of 1986, section 2203 of the 
Public Health Service Act, or section 8905a of title 5, United States 
Code, that would otherwise apply notwithstanding subsection (a).
    (c) Definitions.--In this section:
            (1) Assistance eligible individual.--The term ``assistance 
        eligible individual'' means, at any time during the emergency 
        period described in section 1135(g)(1)(B) of the Social 
        Security Act, any individual that is a qualified beneficiary 
        that--
                    (A) is eligible for COBRA continuation coverage by 
                reason of a qualifying event specified in section 603 
                of the Employee Retirement Income Security Act of 1974, 
                section 4980B(f)(3) of the Internal Revenue Code of 
                1986, section 2203 of the Public Health Service Act, or 
                section 8905a of title 5, United States Code; and
                    (B) elects such coverage.
            (2) COBRA continuation coverage.--The term ``COBRA 
        continuation coverage'' means continuation coverage provided 
        pursuant to part 6 of subtitle B of title I of the Employee 
        Retirement Income Security Act of 1974 (other than under 
        section 609), title XXII of the Public Health Service Act, 
        section 4980B of the Internal Revenue Code of 1986 (other than 
        subsection (f)(1) of such section insofar as it relates to 
        pediatric vaccines), or section 8905a of title 5, United States 
        Code, or under a State program that provides comparable 
        continuation coverage. Such term does not include coverage 
        under a health flexible spending arrangement under a cafeteria 
        plan within the meaning of section 125 of the Internal Revenue 
        Code of 1986.
            (3) Period of coverage.--Any reference in this subsection 
        to a period of coverage shall be treated as a reference to a 
        monthly or shorter period of coverage with respect to which 
        premiums are charged with respect to such coverage.
            (4) Qualified beneficiary.--The term ``qualified 
        beneficiary'' has the meaning given such term in section 607(3) 
        of the Employee Retirement Income Security Act of 1974.
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