I 
117TH CONGRESS 
2D SESSION 
H. R. 6384 
To amend the Employee Retirement Income Security Act of 1974, title 
XXII of the Public Health Service Act, and the Internal Revenue Code 
of 1986 to improve certain notifications provided to qualified beneficiaries 
by group health plans in the case of COBRA qualifying events. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 12, 2022 
Mr. HARDER of California (for himself and Mr. COURTNEY) 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 amend the Employee Retirement Income Security Act 
of 1974, title XXII of the Public Health Service Act, 
and the Internal Revenue Code of 1986 to improve cer-
tain notifications provided to qualified beneficiaries by 
group health plans in the case of COBRA qualifying 
events. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Awareness 
of Health Coverage Options Act of 2022’’. 
SEC. 2. IMPROVEMENT OF CERTAIN NOTIFICATIONS PRO-
VIDED TO QUALIFIED BENEFICIARIES BY 
GROUP HEALTH PLANS IN THE CASE OF 
COBRA QUALIFYING EVENTS. 
(a) EMPLOYEE RETIREMENT INCOME SECURITY ACT 
OF 1974.— 
(1) IN GENERAL.—Section 606 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1166) is amended— 
(A) in subsection (a)(4), in the matter fol-
lowing subparagraph (B), by striking ‘‘under 
this subsection’’ and inserting ‘‘under this part 
in accordance with the notification requirements 
under subsection (c)’’; and 
(B) in subsection (c)— 
(i) by striking ‘‘For purposes of sub-
section (a)(4), any notification’’ and insert-
ing ‘‘For purposes of subsection (a)(4)— 
‘‘(1) any notification’’; 
(ii) by striking ‘‘, whichever is applica-
ble, and any such notification’’ and insert-
ing ‘‘of subsection (a), whichever is appli-
cable; 
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‘‘(2) any such notification’’; and 
(iii) by striking ‘‘such notification is 
made’’ and inserting ‘‘such notification is 
made; and 
‘‘(3) any such notification shall, with respect to 
each qualified beneficiary with respect to whom such 
notification is made, include information regarding 
any Exchange established under title I of the Pa-
tient Protection and Affordable Care Act through 
which such a qualified beneficiary may be eligible to 
enroll in a qualified health plan (as defined in sec-
tion 1301 of the Patient Protection and Affordable 
Care Act), including— 
‘‘(A) 
the 
publicly 
accessible 
Internet 
website address for such Exchange; 
‘‘(B) 
the 
publicly 
accessible 
Internet 
website address for the Find Local Help direc-
tory maintained by the Department of Health 
and Human Services on the healthcare.gov 
Internet website (or a successor website); 
‘‘(C) a clear explanation that— 
‘‘(i) an individual who is eligible for 
continuation coverage may be eligible to 
enroll instead, with financial assistance, in 
a qualified health plan offered through 
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such Exchange, but, in the case that such 
individual elects to enroll in such continu-
ation coverage and subsequently elects to 
terminate such continuation coverage be-
fore the period of such continuation cov-
erage expires, such individual may not be 
eligible to enroll in a qualified health plan 
offered through such Exchange during a 
special enrollment period if more than 60 
days have elapsed since the individual’s 
loss of coverage as an employee; 
‘‘(ii) an individual who elects to enroll 
in continuation coverage will remain eligi-
ble to enroll in a qualified health plan of-
fered through such Exchange during an 
open enrollment period or another special 
enrollment period for which the individual 
is eligible and may be eligible for financial 
assistance with respect to enrolling in such 
a qualified health plan; and 
‘‘(iii) an individual may apply for, and 
if eligible, enroll in Medicaid or the Chil-
dren’s Health Insurance Program (CHIP), 
at any time, with no special enrollment pe-
riod required; 
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‘‘(D) information on consumer protections 
with respect to enrolling in a qualified health 
plan offered through such Exchange, including 
the requirement for such a qualified health plan 
to provide coverage for essential health benefits 
(as defined in section 1302(b) of the Patient 
Protection and Affordable Care Act) and the re-
quirements applicable to such a qualified health 
plan under part A of title XXVII of the Public 
Health Service Act; and 
‘‘(E) information on the availability of fi-
nancial assistance with respect to enrolling in a 
qualified health plan.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to quali-
fying events occurring on or after the date that is 
90 days after the date of the enactment of this Act. 
(b) PUBLIC HEALTH SERVICE ACT.— 
(1) IN GENERAL.—Section 2206 of the Public 
Health Service Act (42 U.S.C. 300bb–6) is amend-
ed— 
(A) by striking ‘‘In accordance’’ and in-
serting the following: 
‘‘(a) IN GENERAL.—In accordance’’; 
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(B) by striking ‘‘of such beneficiary’s 
rights under this subsection’’ and inserting ‘‘of 
such beneficiary’s rights under this title in ac-
cordance with the notification requirements 
under subsection (b)’’; and 
(C) by striking ‘‘For purposes of para-
graph (4),’’ and all that follows through ‘‘such 
notification is made.’’ and inserting the fol-
lowing: 
‘‘(b) RULES RELATING TO NOTIFICATION OF QUALI-
FIED BENEFICIARIES
BY PLAN ADMINISTRATOR.—For 
purposes of subsection (a)(4)— 
‘‘(1) any notification shall be made within 14 
days of the date on which the plan administrator is 
notified under paragraph (2) or (3) of subsection 
(a), whichever is applicable; 
‘‘(2) any such notification to an individual who 
is a qualified beneficiary as the spouse of the cov-
ered employee shall be treated as notification to all 
other qualified beneficiaries residing with such 
spouse at the time such notification is made; and 
‘‘(3) any such notification shall, with respect to 
each qualified beneficiary with respect to whom such 
notification is made, include information regarding 
any Exchange established under title I of the Pa-
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tient Protection and Affordable Care Act through 
which such a qualified beneficiary may be eligible to 
enroll in a qualified health plan (as defined in sec-
tion 1301 of the Patient Protection and Affordable 
Care Act), including— 
‘‘(A) 
the 
publicly 
accessible 
Internet 
website address for such Exchange; 
‘‘(B) 
the 
publicly 
accessible 
Internet 
website address for the Find Local Help direc-
tory maintained by the Department of Health 
and Human Services on the healthcare.gov 
Internet website (or a successor website); 
‘‘(C) a clear explanation that— 
‘‘(i) an individual who is eligible for 
continuation coverage may be eligible to 
enroll instead, with financial assistance, in 
a qualified health plan offered through 
such Exchange, but, in the case that such 
individual elects to enroll in such continu-
ation coverage and subsequently elects to 
terminate such continuation coverage be-
fore the period of such continuation cov-
erage expires, such individual may not be 
eligible to enroll in a qualified health plan 
offered through such Exchange during a 
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special enrollment period if more than 60 
days have elapsed since the individual’s 
loss of coverage as an employee; 
‘‘(ii) an individual who elects to enroll 
in continuation coverage will remain eligi-
ble to enroll in a qualified health plan of-
fered through such Exchange during an 
open enrollment period or another special 
enrollment period for which the individual 
is eligible and may be eligible for financial 
assistance with respect to enrolling in such 
a qualified health plan; and 
‘‘(iii) an individual may apply for, and 
if eligible, enroll in Medicaid or the Chil-
dren’s Health Insurance Program (CHIP), 
at any time, with no special enrollment pe-
riod required; 
‘‘(D) information on consumer protections 
with respect to enrolling in a qualified health 
plan offered through such Exchange, including 
the requirement for such a qualified health plan 
to provide coverage for essential health benefits 
(as defined in section 1302(b) of the Patient 
Protection and Affordable Care Act) and the re-
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quirements applicable to such a qualified health 
plan under part A of title XXVII; and 
‘‘(E) information on the availability of fi-
nancial assistance with respect to enrolling in a 
qualified health plan.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to quali-
fying events occurring on or after the date that is 
90 days after the date of the enactment of this Act. 
(c) INTERNAL REVENUE CODE OF 1986.— 
(1) IN GENERAL.—Section 4980B(f)(6) of the 
Internal Revenue Code of 1986 is amended— 
(A) in subparagraph (D)— 
(i) in clause (ii), by striking ‘‘under 
subparagraph (C)’’ and inserting ‘‘under 
clause (iii)’’; and 
(ii) by redesignating clauses (i) and 
(ii) as subclauses (I) and (II), respectively, 
and moving the margin of each such sub-
clause, as so redesignated, 2 ems to the 
right; 
(B) by redesignating subparagraphs (A) 
through (D) as clauses (i) through (iv), respec-
tively, and moving the margin of each such 
clause, as so redesignated, 2 ems to the right; 
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(C) by striking ‘‘In accordance’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—In accordance’’; 
(D) by inserting after ‘‘of such bene-
ficiary’s rights under this subsection’’ the fol-
lowing: ‘‘in accordance with the notification re-
quirements under subparagraph (C)’’; and 
(E) by striking ‘‘The requirements of sub-
paragraph (B)’’ and all that follows through 
‘‘such notification is made.’’ and inserting the 
following: 
‘‘(B) ALTERNATIVE
MEANS
OF
COMPLI-
ANCE WITH REQUIREMENT FOR NOTIFICATION 
OF MULTIEMPLOYER PLANS BY EMPLOYERS.— 
The requirements of subparagraph (A)(ii) shall 
be considered satisfied in the case of a multiem-
ployer plan in connection with a qualifying 
event described in paragraph (3)(B) if the plan 
provides that the determination of the occur-
rence of such qualifying event will be made by 
the plan administrator. 
‘‘(C) RULES RELATING TO NOTIFICATION 
OF QUALIFIED BENEFICIARIES BY PLAN ADMIN-
ISTRATOR.—For 
purposes 
of 
subparagraph 
(A)(iv)— 
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‘‘(i) any notification shall be made 
within 14 days (or, in the case of a group 
health plan which is a multiemployer plan, 
such longer period of time as may be pro-
vided in the terms of the plan) of the date 
on which the plan administrator is notified 
under clause (ii) or (iii) of subparagraph 
(A), whichever is applicable; 
‘‘(ii) any such notification to an indi-
vidual who is a qualified beneficiary as the 
spouse of the covered employee shall be 
treated as notification to all other qualified 
beneficiaries residing with such spouse at 
the time such notification is made; and 
‘‘(iii) any such notification shall, with 
respect to each qualified beneficiary with 
respect to whom such notification is made, 
include information regarding any Ex-
change established under title I of the Pa-
tient Protection and Affordable Care Act 
through which such a qualified beneficiary 
may be eligible to enroll in a qualified 
health plan (as defined in section 1301 of 
the Patient Protection and Affordable Care 
Act), including— 
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‘‘(I) the publicly accessible Inter-
net website address for such Ex-
change; 
‘‘(II) 
the 
publicly 
accessible 
Internet website address for the Find 
Local Help directory maintained by 
the 
Department 
of 
Health 
and 
Human Services on the healthcare.gov 
Internet website (or a successor 
website); 
‘‘(III) a clear explanation that— 
‘‘(aa) an individual who is 
eligible for continuation coverage 
may be eligible to enroll instead, 
with financial assistance, in a 
qualified 
health 
plan 
offered 
through such Exchange, but, in 
the case that such individual 
elects to enroll in such continu-
ation coverage and subsequently 
elects to terminate such continu-
ation coverage before the period 
of such continuation coverage ex-
pires, such individual may not be 
eligible to enroll in a qualified 
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health plan offered through such 
Exchange during a special enroll-
ment period if more than 60 days 
have elapsed since the individ-
ual’s loss of coverage as an em-
ployee; 
‘‘(bb) an individual who 
elects to enroll in continuation 
coverage will remain eligible to 
enroll in a qualified health plan 
offered through such Exchange 
during an open enrollment period 
or another special enrollment pe-
riod for which the individual is 
eligible and may be eligible for fi-
nancial assistance with respect to 
enrolling in such a qualified 
health plan; and 
‘‘(cc) 
an 
individual 
may 
apply for, and if eligible, enroll in 
Medicaid 
or 
the 
Children’s 
Health 
Insurance 
Program 
(CHIP), at any time, with no 
special 
enrollment 
period 
re-
quired; 
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‘‘(IV) information on consumer 
protections with respect to enrolling in 
a 
qualified 
health 
plan 
offered 
through such Exchange, including the 
requirement for such a qualified 
health plan to provide coverage for es-
sential health benefits (as defined in 
section 1302(b) of the Patient Protec-
tion and Affordable Care Act) and the 
requirements applicable to such a 
qualified health plan under part A of 
title XXVII of the Public Health 
Service Act; and 
‘‘(V) information on the avail-
ability of financial assistance with re-
spect to enrolling in a qualified health 
plan.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to quali-
fying events occurring on or after the date that is 
90 days after the date of the enactment of this Act. 
(d) MODEL NOTICES.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
the Labor, in consultation with the Secretary of the Treas-
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ury and the Secretary of Health and Human Services, 
shall— 
(1) update the model Consolidated Omnibus 
Budget Reconciliation Act of 1985 (referred to in 
this subsection as ‘‘COBRA’’) continuation coverage 
general notice and the model COBRA continuation 
coverage election notice developed by the Secretary 
of Labor for purposes of facilitating compliance of 
group health plans with the notification require-
ments under section 606 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1166) 
to include the information described in paragraph 
(3) of subsection (c) of such section 606, as added 
by subsection (a)(1); 
(2) provide an opportunity for consumer testing 
of each such notice, as so updated, to ensure that 
each such notice is clear and understandable to the 
average participant or beneficiary of a group health 
plan; and 
(3) rename the model COBRA continuation 
coverage general notice and the model COBRA con-
tinuation coverage election notice as the ‘‘model 
COBRA continuation coverage and Affordable Care 
Act coverage general notice’’ and the ‘‘model 
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COBRA continuation coverage and Affordable Care 
Act coverage election notice’’, respectively. 
Æ 
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