I 
112TH CONGRESS 
1ST SESSION H. R. 1028 
To provide for equal access to COBRA continuation coverage. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2011 
Mr. WEINER (for himself, Mr. FRANK of Massachusetts, Mr. POLIS, Ms. 
BALDWIN, Mr. CICILLINE, Ms. RICHARDSON, Mr. HONDA, Mr. GUTIER-
REZ, Ms. NORTON, Ms. BERKLEY, Mr. LANGEVIN, Mr. ROTHMAN of New 
Jersey, Ms. BROWN of Florida, Mr. DOYLE, Mr. CAPUANO, Mr. ACKER-
MAN, Mr. BERMAN, Ms. MOORE, Mr. TOWNS, Mr. GRIJALVA, Mr. 
ISRAEL, Mr. ELLISON, Mr. BRADY of Pennsylvania, Mr. MCGOVERN, Mr. 
NADLER, Mr. MORAN, Mr. SERRANO, Mrs. MALONEY, Mr. GEORGE MIL-
LER of California, Mr. HINCHEY, Ms. CHU, Mr. ENGEL, Ms. WOOLSEY, 
Ms. ZOE LOFGREN of California, Mr. PALLONE, Mr. MICHAUD, Ms. 
EDDIE BERNICE JOHNSON of Texas, Ms. PINGREE of Maine, Mr. FIL-
NER, Mrs. CAPPS, Mr. STARK, Mr. HOLT, Mr. HIGGINS, Mr. SHERMAN, 
and Ms. SPEIER) introduced the following bill; which was referred to the 
Committee on Education and the Workforce, and in addition to the Com-
mittees on Energy and Commerce and Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide for equal access to COBRA continuation coverage. 
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 ‘‘Equal Access to 
COBRA Act of 2011’’. 
SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986. 
(a) 
QUALIFIED
BENEFICIARY.—Section 
4980B(g)(1)(A) of the Internal Revenue Code of 1986 is 
amended— 
(1) in clause (i), by striking ‘‘or’’ at the end 
thereof; 
(2) in clause (ii), by striking the period and in-
serting a comma; and 
(3) by inserting after clause (ii), the following: 
‘‘(iii) as the domestic partner of the 
employee, as such term is defined by the 
group health plan, or 
‘‘(iv) as the dependent child of the do-
mestic partner (as defined in clause 
(iii)).’’. 
(b) SPECIAL RULE FOR RETIREES AND WIDOWS.— 
Section 4980B(g)(1)(D) of the Internal Revenue Code of 
1986 is amended by striking clauses (i) through (iii), and 
inserting the following: 
‘‘(i) as the spouse or domestic partner 
(described in subparagraph (A)(iii)) of the 
covered employee, 
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‘‘(ii) as the dependent child of the 
covered employee or the covered employee’s 
domestic partner (described in clause (i)), 
or 
‘‘(iii) as the surviving spouse or sur-
viving domestic partner (described in 
clause (i)) of the covered employee.’’. 
(c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO-
CEEDINGS.—Section 4980B(f)(2)(B)(i)(III) of the Inter-
nal Revenue Code of 1986 is amended by striking ‘‘or de-
pendent children of the covered employee’’ and inserting 
‘‘, surviving domestic partner (described in subsection 
(g)(1)(A)(iii)), or dependent children of the covered em-
ployee or such surviving domestic partner’’. 
(d) QUALIFYING EVENT.—Section 4980B(f)(3)(C) of 
the Internal Revenue Code of 1986 is amended by insert-
ing before the period the following: ‘‘, or the covered em-
ployee’s domestic partner (described in subsection 
(g)(1)(A)(iii)) ceasing to be such covered employee’s do-
mestic partner under the terms of the group health plan’’. 
(e) 
NOTICE
REQUIREMENTS.—Section 
4980B(f)(6)(A) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘and spouse of the employee (if 
any)’’ and inserting ‘‘and, if any, such covered employee’s 
qualified beneficiaries who are age 19 or older’’. 
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SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974. 
(a) QUALIFIED BENEFICIARY.—Section 607(3)(A) of 
the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1167(3)(A)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end 
thereof; 
(2) in clause (ii), by striking the period and in-
serting a comma; and 
(3) by inserting after clause (ii), the following: 
‘‘(iii) as the domestic partner of the 
employee, as such term is defined by the 
group health plan, or 
‘‘(iv) as the dependent child of the do-
mestic partner (as defined in clause 
(iii)).’’. 
(b) SPECIAL RULE FOR RETIREES AND WIDOWS.— 
Section 607(3)(C) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1167(3)(C)) is amended 
by striking clauses (i) through (iii) and inserting the fol-
lowing: 
‘‘(i) as the spouse or domestic partner 
(described in paragraph (3)(A)(iii)) of the 
covered employee, 
‘‘(ii) as the dependent child of the 
covered employee or the covered employee’s 
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domestic partner (described in clause (i)), 
or 
‘‘(iii) as the surviving spouse or sur-
viving domestic partner (described in 
clause (i)) of the covered employee.’’. 
(c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO-
CEEDINGS.—Section 602(2)(A)(iii) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1162(2)(A)(iii)) is amended by striking ‘‘or dependent 
children of the covered employee’’ and inserting ‘‘, sur-
viving 
domestic 
partner 
(described 
in 
section 
607(3)(A)(iii)), or dependent children of the covered em-
ployee or such surviving domestic partner’’. 
(d) QUALIFYING EVENT.—Section 603(3) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1163) is amended by inserting before the period 
the following: ‘‘, or the covered employee’s domestic part-
ner (described in section 607(3)(A)(iii)) ceasing to be such 
covered employee’s domestic partner under the terms of 
the group health plan’’. 
(e) NOTICE REQUIREMENTS.—Section 606(a)(1) of 
the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1166(a)(1)) is amended by striking ‘‘and 
spouse of the employee (if any)’’ and inserting ‘‘and, if 
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any, such covered employee’s qualified beneficiaries who 
are age 19 or older’’. 
SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 
ACT. 
(a) QUALIFIED BENEFICIARY.—Section 2208(3)(A) 
of the Public Health Service Act (42 U.S.C. 300bb– 
8(3)(A)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end 
thereof; 
(2) in clause (ii), by striking the period and in-
serting a comma; and 
(3) by inserting after clause (ii), the following: 
‘‘(iii) as the domestic partner of the 
employee, as such term is defined by the 
group health plan, or 
‘‘(iv) as the dependent child of the do-
mestic partner (as defined in clause 
(iii)).’’. 
(b) QUALIFYING EVENT.—Section 2203(3) of the 
Public Health Service Act (42 U.S.C. 300bb–3(3)) is 
amended by inserting before the period the following: ‘‘, 
or the covered employee’s domestic partner (described in 
section 2208(3)(A)(iii)) ceasing to be such covered em-
ployee’s domestic partner under the terms of the group 
health plan’’. 
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