I 

111TH CONGRESS 

2D SESSION H. R. 5324 

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 HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

Mrs. DAVIS of California (for herself, Mr. GEORGE MILLER of California, Mr. 

ANDREWS, Mr. COURTNEY, Mr. STARK, Ms. SUTTON, and Mr. WU) 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 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. 

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 ‘‘COBRA Health Bene5 fits Extension Act of 2010’’. 


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1 SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. 

2 (a) EXTENSION OF CURRENT PERIODS OF CONTINU3 ATION COVERAGE.— 

4 (1) IN GENERAL.—In the case of any individual 

5 who is, under a COBRA continuation coverage pro6 vision, covered under COBRA continuation coverage 

7 on or after the date of the enactment of this Act, 

8 the required period of any such coverage which has 

9 not subsequently terminated under the terms of such 

10 provision for any reason other than the expiration of 

11 a period of a specified number of months shall, not12 withstanding such provision and subject to sub13 section (b), extend to the earlier of— 

14 (A) the first date, occurring after the date 

15 of the expiration of a period of months specified 

16 as a terminating event in the applicable con17 tinuation coverage provision, as of which the in18 dividual is eligible for coverage under an em19 ployment-based health plan, or 

20 (B) the date on which such individual be21 comes eligible for health insurance coverage 

22 through an American Health Benefit Exchange 

23 operating in a State or group of States under 

24 subtitle D of title I of the Patient Protection 

25 and Affordable Care Act. 


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1 (2) NOTICE.—As soon as practicable after the 

2 date of the enactment of this Act, the Secretary of 

3 Labor, in consultation with the Secretary of the 

4 Treasury and the Secretary of Health and Human 

5 Services, shall provide rules setting forth the form 

6 and manner in which prompt notice to individuals of 

7 the continued availability of COBRA continuation 

8 coverage to such individuals under paragraph (1). 

9 (3) ENFORCEMENT OF EXTENDED CONTINU10 ATION COVERAGE UNDER STATE PROGRAMS.—A 

11 State may enforce the provisions of this section with 

12 respect to COBRA continuation coverage provided 

13 under a State program of such State. Nothing in 

14 this paragraph shall be construed to affect or modify 

15 section 514 of the Employee Retirement Income Se16 curity Act of 1974 (29 U.S.C. 1144). 

17 (b) CONTINUED EFFECT OF OTHER TERMINATING

18 EVENTS.—Notwithstanding subsection (a), any required 

19 period of COBRA continuation coverage which is extended 

20 under such subsection shall terminate upon the occur21 rence, prior to the date of termination otherwise provided 

22 in such subsection, of any terminating event specified in 

23 the applicable continuation coverage provision other than 

24 the expiration of a period of a specified number of months. 


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1 (c) ACCESS TO STATE HIGH RISK POOLS.—This sec2 tion shall supersede any provision of the law of a State 

3 or political subdivision thereof to the extent that such pro4 vision has the effect of limiting or precluding access by 

5 a qualified beneficiary, whose COBRA continuation cov6 erage has been extended under this section, to a State high 

7 risk pool established under section 1101 of the Patient 

8 Protection and Affordable Care Act solely by reason of the 

9 extension of such coverage beyond the date on which such 

10 coverage otherwise would have expired. 

11 (d) DEFINITIONS.—For purposes of this section— 

12 (1) COBRA CONTINUATION COVERAGE.—The 

13 term ‘‘COBRA continuation coverage’’ means con14 tinuation coverage provided pursuant to part 6 of 

15 subtitle B of title I of the Employee Retirement In16 come Security Act of 1974 (other than under section 

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

18 section 4980B of the Internal Revenue Code of 1986 

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

20 as it relates to pediatric vaccines), or section 905a 

21 of title 5, United States Code, or under a State pro22 gram that provides comparable continuation cov23 erage. Such term does not include coverage under a 

24 health flexible spending arrangement under a cafeVerDate Mar 15 2010 05:32 May 19, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5324.IH H5324

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1 teria plan within the meaning of section 125 of the 

2 Internal Revenue Code of 1986. 

3 (2) COBRA CONTINUATION PROVISION.—The 

4 term ‘‘COBRA continuation provision’’ means the 

5 provisions of law described in paragraph (1). 

6 (3) EMPLOYMENT-BASED HEALTH PLAN.—The 

7 term ‘‘employment-based health plan’’— 

8 (A) means a group health plan (as defined 

9 in section 733(a)(1) of the Employee Retire10 ment Income Security Act of 1974), excluding 

11 coverage consisting of only dental, vision, coun12 seling, or referral services (or a combination 

13 thereof), coverage under a flexible spending ar14 rangement (as defined in section 106(c)(2) of 

15 the Internal Revenue Code of 1986), or cov16 erage of treatment that is furnished in an on17 site medical facility maintained by the employer 

18 and that consists primarily of first-aid services, 

19 prevention and wellness care, or similar care (or 

20 a combination thereof); and 

21 (B) includes such a plan that is the fol22 lowing: 

23 (i) FEDERAL, STATE, AND TRIBAL

24 GOVERNMENTAL PLANS.—A governmental 

25 plan (as defined in section 3(32) of the 


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1 Employee Retirement Income Security Act 

2 of 1974), including a health benefits plan 

3 offered under chapter 89 of title 5, United 

4 States Code. 

5 (ii) CHURCH PLANS.—A church plan 

6 (as defined in section 3(33) of the Em7 ployee Retirement Income Security Act of 

8 1974). 

9 (4) STATE.—The term ‘‘State’’ includes the 

10 District of Columbia, the Commonwealth of Puerto 

11 Rico, the Virgin Islands, Guam, American Samoa, 

12 and the Commonwealth of the Northern Mariana Is13 lands. 

Æ 


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