in section 607(2) of the Employee Re-
tirement Income Security Act of 
1974) who is enrolled in a non-compli-
ant health plan. 
‘‘(ii) 
NON-COMPLIANT
HEALTH 
PLAN.—The term ‘non-compliant health 
plan’ means a group health plan or health 
insurance coverage offered by a health in-
surance issuer in the individual or small 
group market that is not so in compliance 
(as applicable) with any of— 
‘‘(I) sections 2701, 2702, 2703, 
2704, 2705, 2706, 2708, 2709, 2711, 
2712, 2713, 2714, 2715, 2716, 2717, 
2718, 2719, 2719A, 2725, 2726, 
2727, 2728, or 2794 of the Public 
Health Service Act; 
‘‘(II) sections 1302 or 1312 of 
the Patient Protection and Affordable 
Care Act; 
‘‘(III) section 105 of the Internal 
Revenue Code of 1986; or 
‘‘(IV) sections 601 through 608 
of the Employee Retirement Income 
Security Act of 1974.’’. 
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(2) OPTION
FOR
COVERED
EMPLOYEES
EN-
ROLLED IN NON-COMPLIANT GROUP HEALTH PLANS 
TO
ENROLL
IN
A
DIFFERENT
GROUP
HEALTH 
PLAN.—Section 701 of the Employee Retirement In-
come Security Act (29 U.S.C. 1181) is amended by 
inserting after paragraph (6) the following new 
paragraph: 
‘‘(7) SPECIAL ENROLLMENT PERIOD FOR COV-
ERED
EMPLOYEES
ENROLLED
IN
NON-COMPLIANT 
GROUP HEALTH PLANS TO ENROLL IN A DIFFERENT 
GROUP HEALTH PLAN.— 
‘‘(A) IN
GENERAL.—Beginning 60 days 
after the date of the enactment of this para-
graph, a group health plan shall permit an em-
ployee who is enrolled in the group health plan 
that is not in compliance with a requirement 
specified 
under 
clause 
(C)(ii) 
of 
section 
1311(c)(8) of the Patient Protection and Af-
fordable Care Act (as applicable) to enroll in a 
different group health plan offered by the em-
ployer for a 60-day period beginning on the 
date the employee confirms receiving a notifica-
tion that the group health plan in which the 
employee is not so in compliance. 
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‘‘(B) SELF-ATTESTATION.—For purposes 
of qualifying for the special enrollment period 
described in subparagraph (A), the receipt of a 
notification that the group health plan in which 
the eligible individual is enrolled is a non-com-
pliant health plan shall be determined by the 
self-attestation of an eligible individual.’’. 
(b) REQUIREMENT FOR FIRST DAY OF COVERAGE 
FOR ELIGIBLE INDIVIDUALS ENROLLING DURING THE 
SPECIAL ENROLLMENT PERIOD.— 
(1) NON-COMPLIANT EXCHANGE PLANS.—Sec-
tion 1303 of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18023) is amended by adding 
at the end the following new subsection: 
‘‘(e) REQUIREMENT FOR FIRST DAY OF COVERAGE 
FOR ELIGIBLE INDIVIDUALS ENROLLING DURING THE 
SPECIAL ENROLLMENT PERIOD.— 
‘‘(1) NOTIFICATION REQUIREMENT.— 
‘‘(A) IN GENERAL.—With respect to health 
insurance coverage in the individual or small 
group market group offered by a health insur-
ance issuer, any health insurance issuer of such 
coverage that is not in compliance with a re-
quirement specified under clause (C)(ii) of sec-
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pbinns on DSKJLVW7X2PROD with BILLS
tion 1311(c)(8) of the Patient Protection and 
Affordable Care Act shall— 
‘‘(i) for the 30-day period beginning 
on the date the issuer receives a notice 
from the Secretary of Health and Human 
Services that such coverage is not so in 
compliance, attempt to receive confirma-
tion that each enrollee of such coverage is 
eligible for the special enrollment period 
described in section subparagraph (A) of 
such section; and 
‘‘(ii) not later than 60 days after the 
date the issuer receives the notice de-
scribed in clause (i), in the case the cov-
erage does not receive confirmation for an 
enrollee pursuant to such clause, submit to 
the Secretary of Health and Human Serv-
ices the name of the enrollee and efforts to 
notify and receive confirmation from the 
enrollee. 
‘‘(B) PRIVACY CONSIDERATIONS.—In car-
rying out this paragraph, the health insurance 
issuer shall take measures to ensure that infor-
mation as may be specifically permitted or re-
quired under other applicable provisions of law, 
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including HIPAA privacy and security law as 
defined in section 3009(a) of the Public Health 
Service Act (42 U.S.C. 300jj–19(a)) is not 
made public under this paragraph. 
‘‘(2) REQUIREMENT FOR FIRST DAY OF COV-
ERAGE.—In the case of an eligible individual (as de-
fined in subparagraph (C) of section 1311(c)(8)) 
who enrolls in a qualified health plan through an 
Exchange during a month during the special enroll-
ment period described in subparagraph (A) of such 
section— 
‘‘(A) coverage under health insurance cov-
erage offered a health insurance issuer in the 
individual or small group market shall termi-
nate on the last day of the such month in which 
the eligible individual so enrolls in the qualified 
health plan; and 
‘‘(B) coverage under the qualified health 
plan shall be effective beginning on the first day 
of the first month succeeding the month termi-
nation of coverage described in subparagraph 
(A).’’. 
(2) NON-COMPLIANT GROUP HEALTH PLANS.— 
Section 701(7) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1181(7)), as 
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pbinns on DSKJLVW7X2PROD with BILLS
amended by subsection (a)(2), is further amended, 
by inserting after subparagraph (B) the following 
new subparagraphs: 
‘‘(C) NOTIFICATION REQUIREMENT.— 
‘‘(i) IN
GENERAL.—A group health 
plan that is not in compliance with a re-
quirement specified under subparagraph 
(C)(ii) of section 1311(c)(8) of the Patient 
Protection and Affordable Care Act shall— 
‘‘(I) for the 30-day period begin-
ning after the date the plan receives a 
notice from the Secretary of Labor 
that such plan is not in compliance, 
attempt to receive confirmation that 
each enrollee of such plan was so noti-
fied of the special enrolled period de-
scribed in subparagraph (A) of such 
section and the special enrollment pe-
riod described in subparagraph (A); 
and 
‘‘(II) not later than 60 days after 
the date the plan receives the notice 
described in clause (i), in the case the 
plan does not receive confirmation for 
an enrollee pursuant to such clause, 
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pbinns on DSKJLVW7X2PROD with BILLS
submit to the Secretary of Labor the 
name of the enrollee and efforts to no-
tify and receive confirmation from the 
enrollee. 
‘‘(ii) PRIVACY
CONSIDERATIONS.—In 
carrying out this subparagraph, the group 
health plan shall take measures to ensure 
that information as may be specifically 
permitted or required under other applica-
ble provisions of law, including HIPAA pri-
vacy and security law as defined in section 
3009(a) of the Public Health Service Act 
(42 U.S.C. 300jj–19(a)) is not made public 
under this subparagraph. 
‘‘(D) REQUIREMENT FOR FIRST DAY OF 
COVERAGE.—In the case of an eligible indi-
vidual (as defined in subparagraph (C) of sec-
tion 1311(c)(8) of the Patient Protection and 
Affordable Care Act) who is a covered employee 
and who— 
‘‘(i) enrolls in a qualified health plan 
through an Exchange during a month dur-
ing the special enrollment period described 
in subparagraph (A) of such section— 
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pbinns on DSKJLVW7X2PROD with BILLS
‘‘(I) coverage under a group 
health plan shall terminate on the last 
day of the such month in which the el-
igible individual so enrolls in the 
qualified health plan; and 
‘‘(II) coverage under the qualified 
health plan shall be determined in ac-
cordance with section 1303(e)(2) of 
such Act; or 
‘‘(ii) enrolls in a different group 
health plan offered by the employer of the 
covered employee pursuant to the special 
enrollment period described in subpara-
graph (A)— 
‘‘(I) coverage under a group 
health plan shall terminate on the last 
day of the such month in which the el-
igible individual so enrolls in the 
qualified health plan; and 
‘‘(II) coverage under the different 
group health plan offered by the em-
ployer of the qualified beneficiary 
shall be effective beginning on the 
first day of the first month succeeding 
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the month of termination of coverage 
described in subclause (I).’’. 
Æ 
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