I 
109TH CONGRESS 
2D SESSION 
H. R. 5740 
To remove the 18 or 36 month limitation on the period of COBRA 
continuation coverage. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Ms. PRYCE of Ohio (for herself, Mr. KIRK, Mrs. JOHNSON of Connecticut, Mr. 
MCCAUL of Texas, Mr. COLE of Oklahoma, Mr. DUNCAN, Mrs. DRAKE, 
and Mr. MARCHANT) introduced the following bill; which was referred to 
the Committee on Education and the Workforce, and in addition to the 
Committees on Energy and Commerce, Ways and Means, and Govern-
ment Reform, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To remove the 18 or 36 month limitation on the period 
of COBRA continuation coverage. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REMOVAL OF 18 OR 36 MONTH LIMITATION ON 
COBRA CONTINUATION COVERAGE. 
(a) UNDER ERISA.— 
(1) IN GENERAL.—Subparagraph (A) of section 
602(2) of the Employee Retirement Income Security 
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Act of 1974 (29 U.S.C. 1162(2)) is amended to read 
as follows: 
‘‘(A) NO SPECIFIED MAXIMUM REQUIRED 
PERIOD.—Except as otherwise provided, there 
is no specified deadline for the continuation 
coverage provided under this part.’’. 
(2) INCREASED PREMIUM PERMITTED FOR AD-
DITIONAL COVERAGE.—The last sentence of section 
602(3) of such Act is amended to read as follows: 
‘‘In the case of an individual who was described in 
the last sentence of paragraph (2)(A), as in effect 
before the amendment made by section 2(a)(1) of 
the Health Insurance For Life Act of 2006, for any 
month after the 18th month of continuation cov-
erage described in clause (i) or (ii) of such para-
graph and in the case of an individual whose con-
tinuation coverage is only required under this part 
due to such amendment, any reference in subpara-
graph (A) of this paragraph to ‘102 percent’ is 
deemed a reference to such percentage as the Sec-
retary of Health and Human Services determines 
(from time to time and after consultation with the 
Secretary of Labor and the Secretary of the Treas-
ury) that if were applied during the period of the 
first 18 months of continuation coverage under this 
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part would have resulted in a premium equal to the 
average monthly actuarial cost of such continuation 
coverage.’’. 
(b) UNDER IRC.— 
(1) 
IN
GENERAL.—Clause 
(i) 
of 
section 
4980B(f)(2)(B) of the Internal Revenue Code of 
1986 (relating to maximum required period of con-
tinuation coverage) is amended to read as follows: 
‘‘(i) NO
SPECIFIED
MAXIMUM
RE-
QUIRED
PERIOD.—Except as otherwise 
provided, there is no specified deadline for 
the continuation coverage provided under 
this section.’’. 
(2) INCREASED PREMIUM PERMITTED FOR AD-
DITIONAL COVERAGE.—The last sentence of section 
4980B(f)(2)(C) of such Code is amended to read as 
follows: ‘‘In the case of an individual who was de-
scribed in the last sentence of subparagraph (B)(i), 
as in effect before the amendment made by section 
2(b)(1) of the Health Insurance For Life Act of 
2006, for any month after the 18th month of con-
tinuation coverage described in subclause (I) or (II) 
of such subparagraph and in the case of an indi-
vidual whose continuation coverage is only required 
under this section due to such amendment, any ref-
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erence in clause (i) of this subparagraph to ‘102 
percent’ is deemed a reference to such percentage as 
the Secretary of Health and Human Services deter-
mines from time to time under the last sentence of 
section 602(e) of the Employee Retirement Income 
Security Act of 1974.’’. 
(c) UNDER PHSA.— 
(1) IN GENERAL.—Subparagraph (A) of section 
2202(2) of the Public Health Service Act (42 U.S.C. 
300bb–2(2)) is amended to read as follows: 
‘‘(A) NO SPECIFIED MAXIMUM REQUIRED 
PERIOD.—Except as otherwise provided, there 
is no specified deadline for the continuation 
coverage provided under this part.’’. 
(2) INCREASED PREMIUM PERMITTED FOR AD-
DITIONAL COVERAGE.—The last sentence of section 
2202(3) of such Act is amended to read as follows: 
‘‘In the case of an individual who was described in 
the last sentence of paragraph (2)(A), as in effect 
before the amendment made by section 2(c)(1) of 
the Health Insurance For Life Act of 2006, for any 
month after the 18th month of continuation cov-
erage described in clause (i) or (ii) of such para-
graph and in the case of an individual whose con-
tinuation coverage is only required under this part 
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due to such amendment, any reference in subpara-
graph (A) of this paragraph to ‘102 percent’ is 
deemed a reference to such percentage as the Sec-
retary of Health and Human Services determines 
from time to time under the last sentence of section 
602(e) of the Employee Retirement Income Security 
Act of 1974.’’. 
(d) FEHBP.— 
(1) IN
GENERAL.—Subsection (e) of section 
8905a of title 5, United States Code, is amended to 
read as follows: 
‘‘(e) Continuation coverage under this section shall 
not extend beyond the period of continuation required 
under section 602(2) of the Employee Retirement Income 
Security Act of 1974 for a group health plan covered 
under such section.’’. 
(2) INCREASED PREMIUM PERMITTED FOR AD-
DITIONAL
COVERAGE.—Section 8905a(d) of such 
title is amended— 
(A) in paragraph (1)(A), by striking ‘‘and 
(5)’’ and inserting ‘‘, (5), and (6)’’; 
(B) in paragraph (4)(A), in the matter be-
fore clause (i), by inserting ‘‘for periods of con-
tinuation coverage not resulting from the 
amendment made by section 2(d)(1) of the 
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