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I
116TH CONGRESS
2D SESSION
H. R. 6514
To provide premium assistance for COBRA continuation coverage and fur-
loughed continuation coverage for individuals and their families during
the COVID–19 emergency period and 180-days thereafter, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 14, 2020
Mr. SCOTT of Virginia (for himself, Mrs. DINGELL, and Mr. HORSFORD) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor, and in addition to the Committees on Energy and
Commerce, and Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide premium assistance for COBRA continuation cov-
erage and furloughed continuation coverage for individ-
uals and their families during the COVID–19 emergency
period and 180-days thereafter, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Worker Health Cov-
4
erage Protection Act’’.
5
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•HR 6514 IH
SEC. 2. PRESERVING HEALTH BENEFITS FOR WORKERS.
1
(a) PREMIUM ASSISTANCE FOR COBRA CONTINU-
2
ATION COVERAGE
AND FURLOUGHED CONTINUATION
3
COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.—
4
(1) PROVISION OF PREMIUM ASSISTANCE.—
5
(A)
REDUCTION
OF
PREMIUMS
PAY-
6
ABLE.—
7
(i)
COBRA
CONTINUATION
COV-
8
ERAGE.—In the case of any premium for a
9
period of coverage during the period begin-
10
ning on March 1, 2020, and ending on the
11
last day of the 180-day period succeeding
12
the emergency period described in section
13
1135(g)(1)(B) of the Social Security Act
14
(42 U.S.C. 1320b–5(g)(1)(B)) for COBRA
15
continuation coverage with respect to any
16
assistance eligible individual described in
17
paragraph (3)(A), such individual shall be
18
treated for purposes of any COBRA con-
19
tinuation provision as having paid the
20
amount of such premium if such individual
21
pays (or a person other than such individ-
22
ual’s employer pays on behalf of such indi-
23
vidual) 0 percent of the amount of such
24
premium (as determined without regard to
25
this subsection).
26
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•HR 6514 IH
(ii)
FURLOUGHED
CONTINUATION
1
COVERAGE.—In the case of any premium
2
for a period of coverage during the period
3
beginning on March 1, 2020, and ending
4
on the last day of the 180-day period suc-
5
ceeding the emergency period described in
6
section 1135(g)(1)(B) of the Social Secu-
7
rity Act (42 U.S.C. 1320b–5(g)(1)(B)) for
8
coverage under a group health plan with
9
respect to any assistance eligible individual
10
described in paragraph (3)(B), such indi-
11
vidual shall be treated for purposes of cov-
12
erage under the plan offered by the em-
13
ployer involved in which the individual is
14
enrolled as having paid the amount of such
15
premium if such individual pays (or a per-
16
son other than such individual’s employer
17
pays on behalf of such individual) 0 per-
18
cent of the amount of such premium (as
19
determined without regard to this sub-
20
section).
21
(B) PLAN ENROLLMENT OPTION.—
22
(i) IN
GENERAL.—Notwithstanding
23
the COBRA continuation provisions, any
24
assistance eligible individual who is en-
25
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•HR 6514 IH
rolled in a group health plan offered by a
1
plan sponsor may, not later than 90 days
2
after the date of notice of the plan enroll-
3
ment option described in this subpara-
4
graph, elect to enroll in coverage under a
5
plan offered by such plan sponsor, that is
6
different than coverage under the plan in
7
which such individual was enrolled at the
8
time—
9
(I) in the case of any assistance
10
eligible individual described in para-
11
graph (3)(A), the qualifying event
12
specified in section 603(2) of the Em-
13
ployee Retirement Income Security
14
Act of 1974, section 4980B(f)(3)(B)
15
of the Internal Revenue Code of 1986,
16
section 2203(2) of the Public Health
17
Service Act, or section 8905a of title
18
5, United States Code, occurred, and
19
such coverage shall be treated as
20
COBRA continuation coverage for
21
purposes of the applicable COBRA
22
continuation coverage provision; or
23
(II) in the case of any assistance
24
eligible individual described in para-
25
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•HR 6514 IH
graph (3)(B), such individual was
1
subject to a furlough.
2
(ii) REQUIREMENTS.—Any assistance
3
eligible individual may elect to enroll in
4
different coverage as described in clause (i)
5
only if—
6
(I) the employer involved has
7
made a determination that such em-
8
ployer will permit such assistance eli-
9
gible individual to enroll in different
10
coverage as provided under this sub-
11
paragraph;
12
(II) the premium for such dif-
13
ferent coverage does not exceed the
14
premium for coverage in which such
15
individual was enrolled at the time
16
such qualifying event occurred;
17
(III) the different coverage in
18
which the individual elects to enroll is
19
coverage that is also offered to the ac-
20
tive employees of the employer, who
21
are not furloughed, at the time at
22
which such election is made; and
23
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•HR 6514 IH
(IV) the different coverage in
1
which the individual elects to enroll is
2
not—
3
(aa) coverage that provides
4
only dental, vision, counseling, or
5
referral services (or a combina-
6
tion of such services);
7
(bb) a qualified small em-
8
ployer health reimbursement ar-
9
rangement (as defined in section
10
9831(d)(2) of the Internal Rev-
11
enue Code of 1986);
12
(cc) a flexible spending ar-
13
rangement (as defined in section
14
106(c)(2) of the Internal Rev-
15
enue Code of 1986); or
16
(dd) coverage that provides
17
coverage for services or treat-
18
ments furnished in an on-site
19
medical facility maintained by
20
the employer and that consists
21
primarily of first-aid services,
22
prevention and wellness care, or
23
similar care (or a combination of
24
such care).
25
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•HR 6514 IH
(C) PREMIUM REIMBURSEMENT.—For pro-
1
visions providing the payment of such premium,
2
see section 6432 of the Internal Revenue Code
3
of 1986, as added by paragraph (14).
4
(2) LIMITATION OF PERIOD OF PREMIUM AS-
5
SISTANCE.—
6
(A) ELIGIBILITY
FOR
ADDITIONAL
COV-
7
ERAGE.—Paragraph (1)(A) shall not apply with
8
respect to—
9
(i) any assistance eligible individual
10
described in paragraph (3)(A) for months
11
of coverage beginning on or after the ear-
12
lier of—
13
(I) the first date that such indi-
14
vidual is covered under any other
15
group health plan (other than cov-
16
erage consisting of only dental, vision,
17
counseling, or referral services (or a
18
combination thereof), coverage under
19
a flexible spending arrangement (as
20
defined in section 106(c)(2) of the In-
21
ternal Revenue Code of 1986), cov-
22
erage of treatment that is furnished
23
in an on-site medical facility main-
24
tained by the employer and that con-
25
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•HR 6514 IH
sists primarily of first-aid services,
1
prevention and wellness care, or simi-
2
lar care (or a combination thereof)),
3
eligible for benefits under title XVIII
4
of the Social Security Act, or covered
5
under a qualified health plan (as de-
6
fined in section 1301(a) of the Patient
7
Protection and Affordable Care Act
8
(42
U.S.C.
18021(a)))
offered
9
through
an
Exchange
established
10
under title I of the Patient Protection
11
and Affordable Care Act (42 U.S.C.
12
18001 et seq.); or
13
(II) the earliest of—
14
(aa) the date which is 15
15
months after the first day of the
16
first
month
that
paragraph
17
(1)(A)(i) applies with respect to
18
such individual;
19
(bb) the date following the
20
expiration of the maximum pe-
21
riod of continuation coverage re-
22
quired
under
the
applicable
23
COBRA continuation coverage
24
provision; or
25
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•HR 6514 IH
(cc) the date following the
1
expiration of the period of con-
2
tinuation coverage allowed under
3
paragraph (4)(B)(ii); or
4
(ii) any assistance eligible individual
5
described in paragraph (3)(B) for months
6
of coverage beginning on or after the ear-
7
lier of—
8
(I) the first date that such indi-
9
vidual is covered under any other
10
group health plan (other than cov-
11
erage consisting of only dental, vision,
12
counseling, or referral services (or a
13
combination thereof), coverage under
14
a flexible spending arrangement (as
15
defined in section 106(c)(2) of the In-
16
ternal Revenue Code of 1986), cov-
17
erage of treatment that is furnished
18
in an on-site medical facility main-
19
tained by the employer and that con-
20
sists primarily of first-aid services,
21
prevention and wellness care, or simi-
22
lar care (or a combination thereof)),
23
eligible for benefits under title XVIII
24
of the Social Security Act, or covered
25
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•HR 6514 IH
under a qualified health plan (as de-
1
fined in section 1301(a) of the Patient
2
Protection and Affordable Care Act
3
(42
U.S.C.
18021(a)))
offered
4
through
an
Exchange
established
5
under title I of the Patient Protection
6
and Affordable Care Act (42 U.S.C.
7
18001 et seq.);
8
(II) the date which is 15 months
9
after the first day of the first month
10
that paragraph (1)(A)(ii) applies with
11
respect to such individual; or
12
(III) the first date that such in-
13
dividual is not subject to a furlough.
14
(B) NOTIFICATION
REQUIREMENT.—Any
15
assistance eligible individual shall notify the
16
group health plan with respect to which para-
17
graph (1)(A) applies if such paragraph ceases
18
to apply by reason of clause (i)(I) or (ii)(I) of
19
subparagraph (A) (as applicable). Such notice
20
shall be provided to the group health plan in
21
such time and manner as may be specified by
22
the Secretary of Labor.
23
(C) SPECIAL ENROLLMENT PERIOD FOL-
24
LOWING
EXPIRATION
OF
PREMIUM
ASSIST-
25
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•HR 6514 IH
ANCE.—Notwithstanding section 1311 of the
1
Patient Protection and Affordable Care Act (42
2
U.S.C. 18031), the expiration of premium as-
3
sistance pursuant to a limitation specified
4
under subparagraph (A) shall be treated as a
5
qualifying event for which any assistance eligi-
6
ble individual is eligible to enroll in a qualified
7
health plan offered through an Exchange under
8
title I of such Act (42 U.S.C. 18001 et seq.)
9
during a special enrollment period.
10
(3) ASSISTANCE
ELIGIBLE
INDIVIDUAL.—For
11
purposes of this section, the term ‘‘assistance eligible
12
individual’’ means, at any time during the period be-
13
ginning on March 1, 2020, and ending on the last
14
day of the 180-day period succeeding the emergency
15
period described in section 1135(g)(1)(B) of the So-
16
cial Security Act (42 U.S.C. 1320b–5(g)(1)(B))—
17
(A) any individual that is a qualified bene-
18
ficiary that—
19
(i) is eligible for COBRA continuation
20
coverage by reason of a qualifying event
21
specified in section 603(2) of the Employee
22
Retirement Income Security Act of 1974,
23
section 4980B(f)(3)(B) of the Internal
24
Revenue Code of 1986, section 2203(2) of
25
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•HR 6514 IH
the Public Health Service Act, or section
1
8905a of title 5, United States Code; and
2
(ii) elects such coverage; or
3
(B) any individual that is subject to a fur-
4
lough that remains eligible for coverage under
5
a group health plan.
6
(4) EXTENSION OF ELECTION PERIOD AND EF-
7
FECT ON COVERAGE.—
8
(A) IN GENERAL.—For purposes of apply-
9
ing section 605(a) of the Employee Retirement
10
Income
Security
Act
of
1974,
section
11
4980B(f)(5)(A) of the Internal Revenue Code
12
of 1986, section 2205(a) of the Public Health
13
Service Act, and section 8905a(c)(2) of title 5,
14
United States Code, in the case of—
15
(i) an individual who does not have an
16
election of COBRA continuation coverage
17
in effect on the date of the enactment of
18
this Act but who would be an assistance el-
19
igible individual described in paragraph
20
(3)(A) if such election were so in effect; or
21
(ii) an individual who elected COBRA
22
continuation coverage on or after March 1,
23
2020, and discontinued from such coverage
24
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•HR 6514 IH
before the date of the enactment of this
1
Act,
2
such individual may elect the COBRA continu-
3
ation coverage under the COBRA continuation
4
coverage provisions containing such sections
5
during the period beginning on the date of the
6
enactment of this Act and ending 60 days after
7
the date on which the notification required
8
under paragraph (7)(C) is provided to such in-
9
dividual.
10
(B) COMMENCEMENT OF COBRA CONTINU-
11
ATION COVERAGE.—Any COBRA continuation
12
coverage elected by a qualified beneficiary dur-
13
ing an extended election period under subpara-
14
graph (A)—
15
(i) shall apply as if such qualified ben-
16
eficiary had been covered as of the date of
17
a qualifying event specified in section
18
603(2) of the Employee Retirement In-
19
come Security Act of 1974, section
20
4980B(f)(3)(B) of the Internal Revenue
21
Code of 1986, section 2203(2) of the Pub-
22
[Text truncated for display. Full text available on Congress.gov.]