I 
111TH CONGRESS 
2D SESSION 
H. R. 5324 
To provide for extension of COBRA continuation coverage until coverage 
is available otherwise under either an employment-based health plan 
or through an American Health Benefit Exchange under the Patient 
Protection and Affordable Care Act. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2010 
Mrs. DAVIS of California (for herself, Mr. GEORGE MILLER of California, Mr. 
ANDREWS, Mr. COURTNEY, Mr. STARK, Ms. SUTTON, and Mr. WU) intro-
duced 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 for extension of COBRA continuation coverage 
until coverage is available otherwise under either an em-
ployment-based health plan or through an American 
Health Benefit Exchange under the Patient Protection 
and Affordable Care Act. 
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 ‘‘COBRA Health Bene-
fits Extension Act of 2010’’. 
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SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. 
(a) EXTENSION OF CURRENT PERIODS OF CONTINU-
ATION COVERAGE.— 
(1) IN GENERAL.—In the case of any individual 
who is, under a COBRA continuation coverage pro-
vision, covered under COBRA continuation coverage 
on or after the date of the enactment of this Act, 
the required period of any such coverage which has 
not subsequently terminated under the terms of such 
provision for any reason other than the expiration of 
a period of a specified number of months shall, not-
withstanding such provision and subject to sub-
section (b), extend to the earlier of— 
(A) the first date, occurring after the date 
of the expiration of a period of months specified 
as a terminating event in the applicable con-
tinuation coverage provision, as of which the in-
dividual is eligible for coverage under an em-
ployment-based health plan, or 
(B) the date on which such individual be-
comes eligible for health insurance coverage 
through an American Health Benefit Exchange 
operating in a State or group of States under 
subtitle D of title I of the Patient Protection 
and Affordable Care Act. 
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(2) NOTICE.—As soon as practicable after the 
date of the enactment of this Act, the Secretary of 
Labor, in consultation with the Secretary of the 
Treasury and the Secretary of Health and Human 
Services, shall provide rules setting forth the form 
and manner in which prompt notice to individuals of 
the continued availability of COBRA continuation 
coverage to such individuals under paragraph (1). 
(3) ENFORCEMENT
OF
EXTENDED
CONTINU-
ATION
COVERAGE
UNDER
STATE
PROGRAMS.—A 
State may enforce the provisions of this section with 
respect to COBRA continuation coverage provided 
under a State program of such State. Nothing in 
this paragraph shall be construed to affect or modify 
section 514 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1144). 
(b) CONTINUED EFFECT OF OTHER TERMINATING 
EVENTS.—Notwithstanding subsection (a), any required 
period of COBRA continuation coverage which is extended 
under such subsection shall terminate upon the occur-
rence, prior to the date of termination otherwise provided 
in such subsection, of any terminating event specified in 
the applicable continuation coverage provision other than 
the expiration of a period of a specified number of months. 
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(c) ACCESS TO STATE HIGH RISK POOLS.—This sec-
tion shall supersede any provision of the law of a State 
or political subdivision thereof to the extent that such pro-
vision has the effect of limiting or precluding access by 
a qualified beneficiary, whose COBRA continuation cov-
erage has been extended under this section, to a State high 
risk pool established under section 1101 of the Patient 
Protection and Affordable Care Act solely by reason of the 
extension of such coverage beyond the date on which such 
coverage otherwise would have expired. 
(d) DEFINITIONS.—For purposes of this section— 
(1) COBRA CONTINUATION
COVERAGE.—The 
term ‘‘COBRA continuation coverage’’ means con-
tinuation coverage provided pursuant to part 6 of 
subtitle B of title I of the Employee Retirement In-
come Security Act of 1974 (other than under section 
609), title XXII of the Public Health Service Act, 
section 4980B of the Internal Revenue Code of 1986 
(other than subsection (f)(1) of such section insofar 
as it relates to pediatric vaccines), or section 905a 
of title 5, United States Code, or under a State pro-
gram that provides comparable continuation cov-
erage. Such term does not include coverage under a 
health flexible spending arrangement under a cafe-
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teria plan within the meaning of section 125 of the 
Internal Revenue Code of 1986. 
(2) COBRA CONTINUATION
PROVISION.—The 
term ‘‘COBRA continuation provision’’ means the 
provisions of law described in paragraph (1). 
(3) EMPLOYMENT-BASED HEALTH PLAN.—The 
term ‘‘employment-based health plan’’— 
(A) means a group health plan (as defined 
in section 733(a)(1) of the Employee Retire-
ment Income Security Act of 1974), excluding 
coverage consisting of only dental, vision, coun-
seling, or referral services (or a combination 
thereof), coverage under a flexible spending ar-
rangement (as defined in section 106(c)(2) of 
the Internal Revenue Code of 1986), or cov-
erage of treatment that is 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 thereof); and 
(B) includes such a plan that is the fol-
lowing: 
(i) FEDERAL, STATE, AND
TRIBAL 
GOVERNMENTAL PLANS.—A governmental 
plan (as defined in section 3(32) of the 
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Employee Retirement Income Security Act 
of 1974), including a health benefits plan 
offered under chapter 89 of title 5, United 
States Code. 
(ii) CHURCH PLANS.—A church plan 
(as defined in section 3(33) of the Em-
ployee Retirement Income Security Act of 
1974). 
(4) STATE.—The term ‘‘State’’ includes the 
District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Is-
lands. 
Æ 
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