I 

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. SA ́NCHEZ (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. 

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 ‘‘Public Health Emer5 gency COBRA Extension Act’’. 


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1 SEC. 2. OPTION TO EXTEND COBRA CONTINUATION COV2 ERAGE THROUGH THE LAST DAY OF THE 1- 

3 YEAR PERIOD SUCCEEDING THE COVID–19 

4 EMERGENCY PERIOD. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), if a qualifying event specified in subsection (c)(1)(A) 

7 with respect to any assistance eligible individual occurs 

8 during the period beginning on March 1, 2020, and ending 

9 on the last day of the 1-year period succeeding the emer10 gency period described in section 1135(g)(1)(B) of the So11 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) and the 

12 period of coverage for COBRA continuation coverage with 

13 respect to such individual would, but for this subsection, 

14 otherwise terminate, the date which is the last day of the 

15 1-year period succeeding such emergency period. 

16 (b) OPTION FOR OTHER MAXIMUM REQUIRED PE17 RIOD.—If any assistance eligible individual elects to have 

18 this subsection apply, the period of coverage for COBRA 

19 continuation coverage with respect to such individual shall 

20 be the maximum required period under section 603 of the 

21 Employee Retirement Income Security Act of 1974, sec22 tion 4980B(f)(3) of the Internal Revenue Code of 1986, 

23 section 2203 of the Public Health Service Act, or section 

24 8905a of title 5, United States Code, that would otherwise 

25 apply notwithstanding subsection (a). 

26 (c) DEFINITIONS.—In this section: 


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1 (1) ASSISTANCE ELIGIBLE INDIVIDUAL.—The 

2 term ‘‘assistance eligible individual’’ means, at any 

3 time during the emergency period described in sec4 tion 1135(g)(1)(B) of the Social Security Act, any 

5 individual that is a qualified beneficiary that— 

6 (A) is eligible for COBRA continuation 

7 coverage by reason of a qualifying event speci8 fied in section 603 of the Employee Retirement 

9 Income Security Act of 1974, section 

10 4980B(f)(3) of the Internal Revenue Code of 

11 1986, section 2203 of the Public Health Service 

12 Act, or section 8905a of title 5, United States 

13 Code; and 

14 (B) elects such coverage. 

15 (2) COBRA CONTINUATION COVERAGE.—The 

16 term ‘‘COBRA continuation coverage’’ means con17 tinuation coverage provided pursuant to part 6 of 

18 subtitle B of title I of the Employee Retirement In19 come Security Act of 1974 (other than under section 

20 609), title XXII of the Public Health Service Act, 

21 section 4980B of the Internal Revenue Code of 1986 

22 (other than subsection (f)(1) of such section insofar 

23 as it relates to pediatric vaccines), or section 8905a 

24 of title 5, United States Code, or under a State pro25 gram that provides comparable continuation covVerDate Sep 11 2014 21:33 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7942.IH H7942

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1 erage. Such term does not include coverage under a 

2 health flexible spending arrangement under a cafe3 teria plan within the meaning of section 125 of the 

4 Internal Revenue Code of 1986. 

5 (3) PERIOD OF COVERAGE.—Any reference in 

6 this subsection to a period of coverage shall be treat7 ed as a reference to a monthly or shorter period of 

8 coverage with respect to which premiums are 

9 charged with respect to such coverage. 

10 (4) QUALIFIED BENEFICIARY.—The term 

11 ‘‘qualified beneficiary’’ has the meaning given such 

12 term in section 607(3) of the Employee Retirement 

13 Income Security Act of 1974. 

Æ 


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