[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3393 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3393
To provide for extension of COBRA continuation coverage until coverage
is available otherwise under either an employment-based health plan or
through an American Health Benefit Exchange under the Patient
Protection and Affordable Care Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2010
Mr. Brown of Ohio introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for extension of COBRA continuation coverage until coverage
is available otherwise under either an employment-based health plan or
through an American Health Benefit Exchange under the Patient
Protection and Affordable Care Act.
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 ``COBRA Health Benefits Extension Act
of 2010''.
SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE.
(a) Extension of Current Periods of Continuation Coverage.--
(1) In general.--In the case of any individual who is,
under a COBRA continuation coverage provision, covered under
COBRA continuation coverage on or after the date of the
enactment of this Act, the required period of any such coverage
which has not subsequently terminated under the terms of such
provision for any reason other than the expiration of a period
of a specified number of months shall, notwithstanding such
provision and subject to subsection (b), extend to the earlier
of--
(A) the first date, occurring after the date of the
expiration of a period of months specified as a
terminating event in the applicable continuation
coverage provision, as of which the individual is
eligible for coverage under an employment-based health
plan, or
(B) the date on which such individual becomes
eligible for health insurance coverage through an
American Health Benefit Exchange operating in a State
or group of States under subtitle D of title I of the
Patient Protection and Affordable Care Act.
(2) Notice.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Labor, in consultation
with the Secretary of the Treasury and the Secretary of Health
and Human Services, shall provide rules setting forth the form
and manner in which prompt notice to individuals of the
continued availability of COBRA continuation coverage to such
individuals under paragraph (1).
(3) Enforcement of extended continuation coverage under
state programs.--A State may enforce the provisions of this
section with respect to COBRA continuation coverage provided
under a State program of such State. Nothing in this paragraph
shall be construed to affect or modify section 514 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1144).
(b) Continued Effect of Other Terminating Events.--Notwithstanding
subsection (a), any required period of COBRA continuation coverage
which is extended under such subsection shall terminate upon the
occurrence, prior to the date of termination otherwise provided in such
subsection, of any terminating event specified in the applicable
continuation coverage provision other than the expiration of a period
of a specified number of months.
(c) Definitions.--For purposes of this section--
(1) 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 905a 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.
(2) COBRA continuation provision.--The term ``COBRA
continuation provision'' means the provisions of law described
in paragraph (1).
(3) Employment-based health plan.--The term ``employment-
based health plan''--
(A) means a group health plan (as defined in
section 733(a)(1) of the Employee Retirement Income
Security Act of 1974), excluding coverage consisting of
only dental, vision, counseling, or referral services
(or a combination thereof), coverage under a flexible
spending arrangement (as defined in section 106(c)(2)
of the Internal Revenue Code of 1986), or coverage of
treatment that is furnished in an on-site medical
facility maintained by the employer and that consists
primarily of first-aid services, prevention and
wellness care, or similar care (or a combination
thereof); and
(B) includes such a plan that is the following:
(i) Federal, state, and tribal governmental
plans.--A governmental plan (as defined in
section 3(32) of the Employee Retirement Income
Security Act of 1974), including a health
benefits plan offered under chapter 89 of title
5, United States Code.
(ii) Church plans.--A church plan (as
defined in section 3(33) of the Employee
Retirement Income Security Act of 1974).
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
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