I 
116TH CONGRESS 
2D SESSION 
H. R. 6514 
To provide premium assistance for COBRA continuation coverage and fur-
loughed continuation coverage for individuals and their families during 
the COVID–19 emergency period and 180-days thereafter, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2020 
Mr. SCOTT of Virginia (for himself, Mrs. DINGELL, and Mr. HORSFORD) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor, and in addition to the Committees on Energy and 
Commerce, and Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide premium assistance for COBRA continuation cov-
erage and furloughed continuation coverage for individ-
uals and their families during the COVID–19 emergency 
period and 180-days thereafter, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Worker Health Cov-
erage Protection Act’’. 
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SEC. 2. PRESERVING HEALTH BENEFITS FOR WORKERS. 
(a) PREMIUM ASSISTANCE FOR COBRA CONTINU-
ATION COVERAGE
AND FURLOUGHED CONTINUATION 
COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.— 
(1) PROVISION OF PREMIUM ASSISTANCE.— 
(A) 
REDUCTION
OF
PREMIUMS
PAY-
ABLE.— 
(i) 
COBRA 
CONTINUATION
COV-
ERAGE.—In the case of any premium for a 
period of coverage during the period begin-
ning on March 1, 2020, and ending on the 
last day of the 180-day period succeeding 
the emergency period described in section 
1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b–5(g)(1)(B)) for COBRA 
continuation coverage with respect to any 
assistance eligible individual described in 
paragraph (3)(A), such individual shall be 
treated for purposes of any COBRA con-
tinuation provision as having paid the 
amount of such premium if such individual 
pays (or a person other than such individ-
ual’s employer pays on behalf of such indi-
vidual) 0 percent of the amount of such 
premium (as determined without regard to 
this subsection). 
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(ii) 
FURLOUGHED
CONTINUATION 
COVERAGE.—In the case of any premium 
for a period of coverage during the period 
beginning on March 1, 2020, and ending 
on the last day of the 180-day period suc-
ceeding the emergency period described in 
section 1135(g)(1)(B) of the Social Secu-
rity Act (42 U.S.C. 1320b–5(g)(1)(B)) for 
coverage under a group health plan with 
respect to any assistance eligible individual 
described in paragraph (3)(B), such indi-
vidual shall be treated for purposes of cov-
erage under the plan offered by the em-
ployer involved in which the individual is 
enrolled as having paid the amount of such 
premium if such individual pays (or a per-
son other than such individual’s employer 
pays on behalf of such individual) 0 per-
cent of the amount of such premium (as 
determined without regard to this sub-
section). 
(B) PLAN ENROLLMENT OPTION.— 
(i) IN
GENERAL.—Notwithstanding 
the COBRA continuation provisions, any 
assistance eligible individual who is en-
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graph (3)(B), such individual was 
subject to a furlough. 
(ii) REQUIREMENTS.—Any assistance 
eligible individual may elect to enroll in 
different coverage as described in clause (i) 
only if— 
(I) the employer involved has 
made a determination that such em-
ployer will permit such assistance eli-
gible individual to enroll in different 
coverage as provided under this sub-
paragraph; 
(II) the premium for such dif-
ferent coverage does not exceed the 
premium for coverage in which such 
individual was enrolled at the time 
such qualifying event occurred; 
(III) the different coverage in 
which the individual elects to enroll is 
coverage that is also offered to the ac-
tive employees of the employer, who 
are not furloughed, at the time at 
which such election is made; and 
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(IV) the different coverage in 
which the individual elects to enroll is 
not— 
(aa) coverage that provides 
only dental, vision, counseling, or 
referral services (or a combina-
tion of such services); 
(bb) a qualified small em-
ployer health reimbursement ar-
rangement (as defined in section 
9831(d)(2) of the Internal Rev-
enue Code of 1986); 
(cc) a flexible spending ar-
rangement (as defined in section 
106(c)(2) of the Internal Rev-
enue Code of 1986); or 
(dd) coverage that provides 
coverage for services or treat-
ments furnished in an on-site 
medical facility maintained by 
the employer and that consists 
primarily of first-aid services, 
prevention and wellness care, or 
similar care (or a combination of 
such care). 
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(C) PREMIUM REIMBURSEMENT.—For pro-
visions providing the payment of such premium, 
see section 6432 of the Internal Revenue Code 
of 1986, as added by paragraph (14). 
(2) LIMITATION OF PERIOD OF PREMIUM AS-
SISTANCE.— 
(A) ELIGIBILITY
FOR
ADDITIONAL
COV-
ERAGE.—Paragraph (1)(A) shall not apply with 
respect to— 
(i) any assistance eligible individual 
described in paragraph (3)(A) for months 
of coverage beginning on or after the ear-
lier of— 
(I) the first date that such indi-
vidual is covered under any other 
group health plan (other than cov-
erage consisting of only dental, vision, 
counseling, or referral services (or a 
combination thereof), coverage under 
a flexible spending arrangement (as 
defined in section 106(c)(2) of the In-
ternal Revenue Code of 1986), cov-
erage of treatment that is furnished 
in an on-site medical facility main-
tained by the employer and that con-
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sists primarily of first-aid services, 
prevention and wellness care, or simi-
lar care (or a combination thereof)), 
eligible for benefits under title XVIII 
of the Social Security Act, or covered 
under a qualified health plan (as de-
fined in section 1301(a) of the Patient 
Protection and Affordable Care Act 
(42 
U.S.C. 
18021(a))) 
offered 
through 
an 
Exchange 
established 
under title I of the Patient Protection 
and Affordable Care Act (42 U.S.C. 
18001 et seq.); or 
(II) the earliest of— 
(aa) the date which is 15 
months after the first day of the 
first 
month 
that 
paragraph 
(1)(A)(i) applies with respect to 
such individual; 
(bb) the date following the 
expiration of the maximum pe-
riod of continuation coverage re-
quired 
under 
the 
applicable 
COBRA continuation coverage 
provision; or 
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(cc) the date following the 
expiration of the period of con-
tinuation coverage allowed under 
paragraph (4)(B)(ii); or 
(ii) any assistance eligible individual 
described in paragraph (3)(B) for months 
of coverage beginning on or after the ear-
lier of— 
(I) the first date that such indi-
vidual is covered under any other 
group health plan (other than cov-
erage consisting of only dental, vision, 
counseling, or referral services (or a 
combination thereof), coverage under 
a flexible spending arrangement (as 
defined in section 106(c)(2) of the In-
ternal Revenue Code of 1986), cov-
erage of treatment that is furnished 
in an on-site medical facility main-
tained by the employer and that con-
sists primarily of first-aid services, 
prevention and wellness care, or simi-
lar care (or a combination thereof)), 
eligible for benefits under title XVIII 
of the Social Security Act, or covered 
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under a qualified health plan (as de-
fined in section 1301(a) of the Patient 
Protection and Affordable Care Act 
(42 
U.S.C. 
18021(a))) 
offered 
through 
an 
Exchange 
established 
under title I of the Patient Protection 
and Affordable Care Act (42 U.S.C. 
18001 et seq.); 
(II) the date which is 15 months 
after the first day of the first month 
that paragraph (1)(A)(ii) applies with 
respect to such individual; or 
(III) the first date that such in-
dividual is not subject to a furlough. 
(B) NOTIFICATION
REQUIREMENT.—Any 
assistance eligible individual shall notify the 
group health plan with respect to which para-
graph (1)(A) applies if such paragraph ceases 
to apply by reason of clause (i)(I) or (ii)(I) of 
subparagraph (A) (as applicable). Such notice 
shall be provided to the group health plan in 
such time and manner as may be specified by 
the Secretary of Labor. 
(C) SPECIAL ENROLLMENT PERIOD FOL-
LOWING
EXPIRATION
OF
PREMIUM
ASSIST-
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ANCE.—Notwithstanding section 1311 of the 
Patient Protection and Affordable Care Act (42 
U.S.C. 18031), the expiration of premium as-
sistance pursuant to a limitation specified 
under subparagraph (A) shall be treated as a 
qualifying event for which any assistance eligi-
ble individual is eligible to enroll in a qualified 
health plan offered through an Exchange under 
title I of such Act (42 U.S.C. 18001 et seq.) 
during a special enrollment period. 
(3) ASSISTANCE
ELIGIBLE
INDIVIDUAL.—For 
purposes of this section, the term ‘‘assistance eligible 
individual’’ means, at any time during the period be-
ginning on March 1, 2020, and ending on the last 
day of the 180-day period succeeding the emergency 
period described in section 1135(g)(1)(B) of the So-
cial Security Act (42 U.S.C. 1320b–5(g)(1)(B))— 
(A) any individual that is a qualified bene-
ficiary that— 
(i) is eligible for COBRA continuation 
coverage by reason of a qualifying event 
specified in section 603(2) of the Employee 
Retirement Income Security Act of 1974, 
section 4980B(f)(3)(B) of the Internal 
Revenue Code of 1986, section 2203(2) of 
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the Public Health Service Act, or section 
8905a of title 5, United States Code; and 
(ii) elects such coverage; or 
(B) any individual that is subject to a fur-
lough that remains eligible for coverage under 
a group health plan. 
(4) EXTENSION OF ELECTION PERIOD AND EF-
FECT ON COVERAGE.— 
(A) IN GENERAL.—For purposes of apply-
ing section 605(a) of the Employee Retirement 
Income 
Security 
Act 
of 
1974, 
section 
4980B(f)(5)(A) of the Internal Revenue Code 
of 1986, section 2205(a) of the Public Health 
Service Act, and section 8905a(c)(2) of title 5, 
United States Code, in the case of— 
(i) an individual who does not have an 
election of COBRA continuation coverage 
in effect on the date of the enactment of 
this Act but who would be an assistance el-
igible individual described in paragraph 
(3)(A) if such election were so in effect; or 
(ii) an individual who elected COBRA 
continuation coverage on or after March 1, 
2020, and discontinued from such coverage 
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before the date of the enactment of this 
Act, 
such individual may elect the COBRA continu-
ation coverage under the COBRA continuation 
coverage provisions containing such sections 
during the period beginning on the date of the 
enactment of this Act and ending 60 days after 
the date on which the notification required 
under paragraph (7)(C) is provided to such in-
dividual. 
(B) COMMENCEMENT OF COBRA CONTINU-
ATION COVERAGE.—Any COBRA continuation 
coverage elected by a qualified beneficiary dur-
ing an extended election period under subpara-
graph (A)— 
(i) shall apply as if such qualified ben-
eficiary had been covered as of the date of 
a qualifying event specified in section 
603(2) of the Employee Retirement In-
come Security Act of 1974, section 
4980B(f)(3)(B) of the Internal Revenue 
Code of 1986, section 2203(2) of the Pub-
lic Health Service Act, or section 8905a of 
title 5, United States Code (including the 
treatment of premium payments under 
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paragraph (1)(A) and any cost-sharing re-
quirements for items and services under a 
group health plan); and 
(ii) shall not extend beyond the period 
of COBRA continuation coverage that 
would have been required under the appli-
cable COBRA continuation coverage provi-
sion if the coverage had been elected as re-
quired under such provision. 
(5) EXPEDITED REVIEW OF DENIALS OF PRE-
MIUM ASSISTANCE.—In any case in which an indi-
vidual requests treatment as an assistance eligible 
individual described in subparagraph (A) or (B) of 
paragraph (3) and is denied such treatment by the 
group health plan, the Secretary of Labor (or the 
Secretary of Health and Human Services in connec-
tion with COBRA continuation coverage which is 
provided other than pursuant to part 6 of subtitle B 
of title I of the Employee Retirement Income Secu-
rity Act of 1974), in consultation with the Secretary 
of the Treasury, shall provide for expedited review of 
such denial. An individual shall be entitled to such 
review upon application to such Secretary in such 
form and manner as shall be provided by such Sec-
retary. Such Secretary shall make a determination 
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regarding such individual’s eligibility within 15 busi-
ness days after receipt of such individual’s applica-
tion for review under this paragraph. Either Sec-
retary’s determination upon review of the denial 
shall be de novo and shall be the final determination 
of such Secretary. A reviewing court shall grant def-
erence to such Secretary’s determination. The provi-
sions of this paragraph, paragraphs (1) through (4), 
and paragraphs (7) through (9) shall be treated as 
provisions of title I of the Employee Retirement In-
come Security Act of 1974 for purposes of part 5 of 
subtitle B of such title. 
(6) DISREGARD OF SUBSIDIES FOR PURPOSES 
OF
FEDERAL
AND
STATE
PROGRAMS.—Notwith-
standing any other provision of law, any premium 
reduction with respect to an assistance eligible indi-
vidual under this subsection shall not be considered 
income or resources in determining eligibility for, or 
the amount of assistance or benefits provided under, 
any other public benefit provided under Federal law 
or the law of any State or political subdivision there-
of. 
(7) COBRA-SPECIFIC NOTICE.— 
(A) GENERAL NOTICE.— 
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(i) IN GENERAL.—In the case of no-
tices provided under section 606(a)(4) of 
the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1166(4)), section 
4980B(f)(6)(D) of the Internal Revenue 
Code of 1986, section 2206(4) of the Pub-
lic Health Service Act (42 U.S.C. 300bb– 
6(4)), or section 8905a(f)(2)(A) of title 5, 
United States Code, with respect to indi-
viduals who, during the period described in 
paragraph (3), become entitled to elect 
COBRA continuation coverage, the re-
quirements of such sections shall not be 
treated as met unless such notices include 
an additional notification to the recipient a 
written notice in clear and understandable 
language of— 
(I) the availability of premium 
reduction with respect to such cov-
erage under this subsection; and 
(II) the option to enroll in dif-
ferent coverage if the employer per-
mits assistance eligible individuals de-
scribed in paragraph (3)(A) to elect 
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enrollment in different coverage (as 
described in paragraph (1)(B)). 
(ii) ALTERNATIVE
NOTICE.—In the 
case of COBRA continuation coverage to 
which the notice provision under such sec-
tions does not apply, the Secretary of 
Labor, in consultation with the Secretary 
of the Treasury and the Secretary of 
Health and Human Services, shall, in con-
sultation with administrators of the group 
health plans (or other entities) that provide 
or administer the COBRA continuation 
coverage involved, provide rules requiring 
the provision of such notice. 
(iii) FORM.—The requirement of the 
additional notification under this subpara-
graph may be met by amendment of exist-
ing notice forms or by inclusion of a sepa-
rate document with the notice otherwise 
required. 
(B) SPECIFIC REQUIREMENTS.—Each ad-
ditional notification under subparagraph (A) 
shall include— 
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(i) the forms necessary for estab-
lishing eligibility for premium reduction 
under this subsection; 
(ii) the name, address, and telephone 
number necessary to contact the plan ad-
ministrator and any other person main-
taining relevant information in connection 
with such premium reduction; 
(iii) a description of the extended elec-
tion period provided for in paragraph 
(4)(A); 
(iv) a description of the obligation of 
the qualified beneficiary under paragraph 
(2)(C) to notify the plan providing continu-
ation coverage of enrollment in subsequent 
coverage under another group health plan 
or a qualified health plan or eligibility for 
benefits under title XVIII of the Social Se-
curity Act and the penalty provided under 
section 6720C of the Internal Revenue 
Code of 1986 for failure to so notify the 
plan; 
(v) a description, displayed in a 
prominent manner, of the qualified bene-
ficiary’s right to a reduced premium and 
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any conditions on entitlement to the re-
duced premium; 
(vi) a description of the option of the 
qualified beneficiary to enroll in different 
coverage if the employer permits such ben-
eficiary to elect to enroll in such different 
coverage under paragraph (1)(B); and 
(vii) information regarding any Ex-
change established under title I of the Pa-
tient Protection and Affordable Care Act 
(42 U.S.C. 18001 et seq.) through which a 
qualified beneficiary may be eligible to en-
roll in a qualified health plan, including— 
(I) the publicly accessible inter-
net website address for such Ex-
change; 
(II) the publicly accessible inter-
net 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— 
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(aa) an individual who is eli-
gible for continuation coverage 
may also be eligible to enroll, 
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 termination does not 
initiate a special enrollment pe-
riod (absent a qualifying event 
specified in section 603(2) of the 
Employee Retirement Income Se-
curity 
Act 
of 
1974, 
section 
4980B(f)(3)(B) of the Internal 
Revenue Code of 1986, section 
2203(2) of the Public Health 
Service Act, or section 8905a of 
title 5, United States Code, with 
respect to such individual); and 
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(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 and 
may be eligible for financial as-
sistance with respect to enrolling 
in such a qualified health plan; 
(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 such Act (42 
U.S.C. 18022(b))) and the require-
ments applicable to such a qualified 
health plan under part A of title 
XXVII of the Public Health Service 
Act (42 U.S.C. 300gg et seq.); 
(V) information on the avail-
ability of financial assistance with re-
spect to enrolling in a qualified health 
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(B) EXCEPTION.—The requirement for the 
group health plan administrator to provide the 
written notice under subparagraph (A) shall be 
waived in the case the premium assistance for 
such individual expires pursuant to clause (i)(I) 
or (ii)(I) of paragraph (2)(A). 
(C) PERIOD SPECIFIED.—For purposes of 
subparagraph (A), the period specified in this 
subparagraph is, with respect to the date of ex-
piration of premium assistance for any assist-
ance eligible individual pursuant to a limitation 
requiring a notice under this paragraph, the pe-
riod beginning on the day that is 45 days before 
the date of such expiration and ending on the 
day that is 15 days before the date of such ex-
piration. 
(D) MODEL NOTICES.—Not later than 30 
days after the date of enactment of this Act, 
with respect to any assistance eligible indi-
vidual— 
(i) the Secretary of Labor, in con-
sultation with the Secretary of the Treas-
ury and the Secretary of Health and 
Human Services, shall prescribe models for 
the notification required under this para-
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graph (other than the notification de-
scribed in clause (ii)); and 
(ii) in the case of any notification pro-
vided pursuant to subparagraph (A) under 
section 8905a(f)(2)(A) of title 5, United 
States Code, the Office of Personnel Man-
agement shall prescribe a model for such 
notification. 
(10) REGULATIONS.—The Secretary of the 
Treasury and the Secretary of Labor may jointly 
prescribe such regulations or other guidance as may 
be necessary or appropriate to carry out the provi-
sions of this subsection, including the prevention of 
fraud and abuse under this subsection, except that 
the Secretary of Labor and the Secretary of Health 
and Human Services may prescribe such regulations 
(including interim final regulations) or other guid-
ance as may be necessary or appropriate to carry 
out the provisions of paragraphs (5), (7), (8), (9), 
and (11). 
(11) OUTREACH.—The Secretary of Labor, in 
consultation with the Secretary of the Treasury and 
the Secretary of Health and Human Services, shall 
provide outreach consisting of public education and 
enrollment assistance relating to premium reduction 
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