II 

109TH CONGRESS 

1ST SESSION S. 224 

To extend the period for COBRA coverage for victims of the terrorist attacks 

of September 11, 2001. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. KENNEDY (for himself, Mr. CORZINE, and Mr. LAUTENBERG) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To extend the period for COBRA coverage for victims of 

the terrorist attacks of September 11, 2001. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuing Care for 

5 Recovering Families Act’’. 

6 SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR 

7 CERTAIN INDIVIDUALS. 

8 (a) ERISA AMENDMENT.—Section 605 of the Em9 ployee Retirement Income Security Act of 1974 (29 
2 

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1 U.S.C. 1165) is amended by adding at the end the fol2 lowing: 

3 ‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION

4 AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT5 TACKS.— 

6 ‘‘(1) IN GENERAL.—In the case of an eligible 

7 individual and notwithstanding subsection (a), such 

8 individual may elect continuation coverage under 

9 this part during the 120-day period that begins on 

10 the later of— 

11 ‘‘(A) the date of enactment of the Con12 tinuing Care for Recovering Families Act; or 

13 ‘‘(B) the date on which the individual ex14 periences the terrorism-related loss of coverage. 

15 ‘‘(2) COMMENCEMENT OF COVERAGE; NO

16 REACH-BACK.—Any continuation coverage elected by 

17 an eligible individual under paragraph (1) shall com18 mence at the beginning of the 120-day election pe19 riod described in such paragraph and shall not in20 clude any period prior to such 120-day election pe21 riod. In no event shall the maximum period required 

22 under section 602(2)(A) be less than the period dur23 ing which the individual is an eligible individual. 
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1 ‘‘(3) PREEXISTING CONDITIONS.—With respect 

2 to an individual who elects continuation coverage 

3 pursuant to paragraph (1), the period— 

4 ‘‘(A) beginning on the date of the ter5 rorism-related loss of coverage, and 

6 ‘‘(B) ending on the first day of the 120- 

7 day election period described in paragraph (1), 

8 shall be disregarded for purposes of deter9 mining the 63-day periods referred to in section 

10 701(c)(2), section 2701(c)(2) of the Public 

11 Health Service Act, and section 9801(c)(2) of 

12 the Internal Revenue Code of 1986. 

13 ‘‘(4) DEFINITIONS.—For purposes of this sub14 section: 

15 ‘‘(A) ELIGIBLE INDIVIDUAL.—The term 

16 ‘eligible individual’ means an individual who— 

17 ‘‘(i)(I) is the child of an individual de18 scribed in section 405(c)(2) of the Sep19 tember 11th Victim Compensation Fund of 

20 2001; or 

21 ‘‘(II) was the spouse of an individual 

22 described in section 405(c)(2) of the Sep23 tember 11th Victim Compensation Fund of 

24 2001, on September 11, 2001; 
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1 ‘‘(ii) has experienced a terrorism-re2 lated loss of coverage; and 

3 ‘‘(iii) is not otherwise entitled to bene4 fits, or enrolled, under part A of title 

5 XVIII of the Social Security Act or en6 rolled under part B of such title. 

7 ‘‘(B) TERRORISM-RELATED LOSS OF COV8 ERAGE.—The term ‘terrorism-related loss of 

9 coverage’ means, with respect to an eligible in10 dividual, the loss of health benefits coverage as11 sociated with the death, injury, or loss of em12 ployment of an individual described in section 

13 405(c)(2) of the September 11th Victim Com14 pensation Fund of 2001.’’. 

15 (b) PHSA AMENDMENT.—Section 2205 of the Public 

16 Health Service Act (42 U.S.C. 300bb–5) is amended by 

17 adding at the end the following: 

18 ‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION

19 AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT20 TACKS.— 

21 ‘‘(1) IN GENERAL.—In the case of an eligible 

22 individual and notwithstanding subsection (a), such 

23 individual may elect continuation coverage under 

24 this title during the 120-day period that begins on 

25 the later of— 
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1 ‘‘(A) the date of enactment of the Con2 tinuing Care for Recovering Families Act; or 

3 ‘‘(B) the date on which the individual ex4 periences the terrorism-related loss of coverage. 

5 ‘‘(2) COMMENCEMENT OF COVERAGE; NO

6 REACH-BACK.—Any continuation coverage elected by 

7 an eligible individual under paragraph (1) shall com8 mence at the beginning of the 120-day election pe9 riod described in such paragraph and shall not in10 clude any period prior to such 120-day election pe11 riod. In no event shall the maximum period required 

12 under section 2202(2)(A) be less than the period 

13 during which the individual is an eligible individual. 

14 ‘‘(3) PREEXISTING CONDITIONS.—With respect 

15 to an individual who elects continuation coverage 

16 pursuant to paragraph (1), the period— 

17 ‘‘(A) beginning on the date of the ter18 rorism-related loss of coverage, and 

19 ‘‘(B) ending on the first day of the 120- 

20 day election period described in paragraph (1), 

21 shall be disregarded for purposes of deter22 mining the 63-day periods referred to in section 

23 2701(c)(2), section 701(c)(2) of the Employee 

24 Retirement Income Security Act of 1974, and 
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1 section 9801(c)(2) of the Internal Revenue 

2 Code of 1986. 

3 ‘‘(4) DEFINITIONS.—For purposes of this sub4 section: 

5 ‘‘(A) ELIGIBLE INDIVIDUAL.—The term 

6 ‘eligible individual’ means an individual who— 

7 ‘‘(i)(I) is the child of an individual de8 scribed in section 405(c)(2) of the Sep9 tember 11th Victim Compensation Fund of 

10 2001; or 

11 ‘‘(II) was the spouse of an individual 

12 described in section 405(c)(2) of the Sep13 tember 11th Victim Compensation Fund of 

14 2001, on September 11, 2001; 

15 ‘‘(ii) has experienced a terrorism-re16 lated loss of coverage; and 

17 ‘‘(iii) is not otherwise entitled to bene18 fits, or enrolled, under part A of title 

19 XVIII of the Social Security Act or en20 rolled under part B of such title. 

21 ‘‘(B) TERRORISM-RELATED LOSS OF COV22 ERAGE.—The term ‘terrorism-related loss of 

23 coverage’ means, with respect to an eligible in24 dividual, the loss of health benefits coverage as25 sociated with the death, injury, or loss of em-
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1 ployment of an individual described in section 

2 405(c)(2) of the September 11th Victim Com3 pensation Fund of 2001.’’. 

4 (c) IRC AMENDMENTS.—Paragraph (5) of section 

5 4980B(f) of the Internal Revenue Code of 1986 (relating 

6 to election) is amended by adding at the end the following: 

7 ‘‘(D) TEMPORARY EXTENSION OF COBRA

8 ELECTION AND COVERAGE PERIOD FOR VICTIMS

9 OF TERRORIST ATTACKS.— 

10 ‘‘(i) IN GENERAL.—In the case of an 

11 eligible individual and notwithstanding 

12 paragraph (1), such individual may elect 

13 continuation coverage under this title dur14 ing the 120-day period that begins on the 

15 later of— 

16 ‘‘(I) the date of enactment of the 

17 Continuing Care for Recovering Fami18 lies Act; or 

19 ‘‘(II) the date on which the indi20 vidual experiences the terrorism-re21 lated loss of coverage. 

22 ‘‘(ii) COMMENCEMENT OF COVERAGE; 

23 NO REACH-BACK.—Any continuation cov24 erage elected by an eligible individual 

25 under clause (i) shall commence at the be-
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1 ginning of the 120-day election period de2 scribed in such clause and shall not include 

3 any period prior to such 120-day election 

4 period. In no event shall the maximum pe5 riod required under paragraph (2)(B)(i) be 

6 less than the period during which the indi7 vidual is an eligible individual. 

8 ‘‘(iii) PREEXISTING CONDITIONS.— 

9 With respect to an individual who elects 

10 continuation coverage pursuant to clause 

11 (i), the period— 

12 ‘‘(I) beginning on the date of the 

13 terrorism-related loss of coverage, and 

14 ‘‘(II) ending on the first day of 

15 the 120-day election period described 

16 in clause (i), shall be disregarded for 

17 purposes of determining the 63-day 

18 periods referred to in section 

19 9801(c)(2), section 701(c)(2) of the 

20 Employee Retirement Income Security 

21 Act of 1974, and section 2701(c)(2) 

22 of the Public Health Service Act. 

23 ‘‘(iv) DEFINITIONS.—For purposes of 

24 this subparagraph: 
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1 ‘‘(I) ELIGIBLE INDIVIDUAL.— 

2 The term ‘eligible individual’ means 

3 an individual who— 

4 ‘‘(aa)(AA) is the child of an 

5 individual described in section 

6 405(c)(2) of the September 11th 

7 Victim Compensation Fund of 

8 2001; or 

9 ‘‘(BB) was the spouse of an 

10 individual described in section 

11 405(c)(2) of the September 11th 

12 Victim Compensation Fund of 

13 2001, on September 11, 2001; 

14 ‘‘(bb) has experienced a ter15 rorism-related loss of coverage; 

16 and 

17 ‘‘(cc) is not otherwise enti18 tled to benefits, or enrolled, 

19 under part A of title XVIII of 

20 the Social Security Act or en21 rolled under part B of such title. 

22 ‘‘(II) TERRORISM-RELATED LOSS

23 OF COVERAGE.—The term ‘terrorism24 related loss of coverage’ means, with 

25 respect to an eligible individual, the 
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1 loss of health benefits coverage associ2 ated with the death, injury, or loss of 

3 employment of an individual described 

4 in section 405(c)(2) of the September 

5 11th Victim Compensation Fund of 

6 2001.’’. 

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