II 

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. 

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. 

25 (c) DEFINITIONS.—For purposes of this section— 


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1 (1) COBRA CONTINUATION COVERAGE.—The 

2 term ‘‘COBRA continuation coverage’’ means con3 tinuation coverage provided pursuant to part 6 of 

4 subtitle B of title I of the Employee Retirement In5 come Security Act of 1974 (other than under section 

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

7 section 4980B of the Internal Revenue Code of 1986 

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

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

10 of title 5, United States Code, or under a State pro11 gram that provides comparable continuation cov12 erage. Such term does not include coverage under a 

13 health flexible spending arrangement under a cafe14 teria plan within the meaning of section 125 of the 

15 Internal Revenue Code of 1986. 

16 (2) COBRA CONTINUATION PROVISION.—The 

17 term ‘‘COBRA continuation provision’’ means the 

18 provisions of law described in paragraph (1). 

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

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

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

22 in section 733(a)(1) of the Employee Retire23 ment Income Security Act of 1974), excluding 

24 coverage consisting of only dental, vision, coun25 seling, or referral services (or a combination 


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1 thereof), coverage under a flexible spending ar2 rangement (as defined in section 106(c)(2) of 

3 the Internal Revenue Code of 1986), or cov4 erage of treatment that is furnished in an on5 site medical facility maintained by the employer 

6 and that consists primarily of first-aid services, 

7 prevention and wellness care, or similar care (or 

8 a combination thereof); and 

9 (B) includes such a plan that is the fol10 lowing: 

11 (i) FEDERAL, STATE, AND TRIBAL

12 GOVERNMENTAL PLANS.—A governmental 

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

14 Employee Retirement Income Security Act 

15 of 1974), including a health benefits plan 

16 offered under chapter 89 of title 5, United 

17 States Code. 

18 (ii) CHURCH PLANS.—A church plan 

19 (as defined in section 3(33) of the Em20 ployee Retirement Income Security Act of 

21 1974). 

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

23 District of Columbia, the Commonwealth of Puerto 

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


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1 and the Commonwealth of the Northern Mariana Is2 lands. 

Æ 


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