I
107TH CONGRESS
1ST SESSION
H. R. 1663
To amend the Public Health Service Act, the Employee Retirement Income
Security Act of 1974, and the Internal Revenue Code of 1986 to extend
the basic period for health care continuation from 18 months to 5
years.
IN THE HOUSE OF REPRESENTATIVES
MAY 1, 2001
Mr. MOAKLEY introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on
Education and the Workforce, 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 con-
cerned
A BILL
To amend the Public Health Service Act, the Employee Re-
tirement Income Security Act of 1974, and the Internal
Revenue Code of 1986 to extend the basic period for
health care continuation from 18 months to 5 years.
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 ‘‘Health Insurance Con-
tinuation Improvement Act of 2001’’.
SEC. 2. EXTENSION OF BASIC COBRA-CONTINUATION PE-
RIOD FROM 18 MONTHS TO 5 YEARS.
(a) AMENDMENTS TO ERISA.—Section 602 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1162) is amended—
(1) by amending clause (i) of paragraph (2)(A)
to read as follows:
‘‘(i) GENERAL RULE.—In the case of
a qualifying event not described in section
603(6), the date which is 60 months after
the date of the qualifying event.’’;
(2) in paragraph (2)(A)—
(A) by striking clause (ii);
(B) by striking clause (iv) and all that fol-
lows;
(C) by redesignating clause (iii) as clause
(ii); and
(D) in clause (ii), as so redesignated, by
striking ‘‘36 months after the date of the death
of the covered employee’’ and inserting ‘‘the
later of (I) 36 months after the date of the
death of the covered employee, or (II) 60
months after the date of the qualifying event’’;
and
(3) by striking the last sentence in paragraph
(3).
(b) AMENDMENTS TO PHSA.—Section 2202 of the
Public Health Service Act 429 U.S.C. 300bb–2) is
amended—
(1) by amending subparagraph (A) of para-
graph (2)(A) to read as follows:
‘‘(A) MAXIMUM REQUIRED PERIOD.—The
date which is 60 months after the date of the
qualifying event.’’; and
(2) by striking the last sentence of paragraph
(3).
(c) AMENDMENTS TO IRC.—Section 4980B(f)(2) of
the Internal Revenue Code of 1986 is amended—
(1) by amending subclause (I) of subparagraph
(B)(i) to read as follows:
‘‘(I) GENERAL
RULE.—In the
case of a qualifying event not de-
scribed in paragraph (3)(F), the date
which is 60 months after the date of
the qualifying event.’’;
(2) in subparagraph (B)(i)—
(A) by striking subclause (II);
(B) by striking subclauses (IV) and all
that follows;
(C) by redesignating subclause (III) as
subclause (II); and
(D) in subclause (II), as so redesignated,
by inserting before the period at the end the
following: ‘‘or, in such case and if later, 60
months after the date of the qualifying event’’;
and
(3) by striking the last sentence in subpara-
graph (C).
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to qualifying events occurring after
the date of the enactment of this Act.
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