I 
116TH CONGRESS 
2D SESSION 
H. R. 6317 
To provide for special enrollment periods during public health emergencies, 
coverage of services related to public health emergencies, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2020 
Mr. DOGGETT (for himself, Ms. DEGETTE, Ms. WILD, Mr. BRENDAN F. 
BOYLE of Pennsylvania, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. 
EVANS, Mr. CISNEROS, Mr. DEUTCH, Ms. VELA´ZQUEZ, Mr. PASCRELL, 
Mr. KHANNA, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Mr. 
VARGAS, Mr. CONNOLLY, Mrs. HAYES, Mr. TRONE, Mr. LARSON of Con-
necticut, Mr. BLUMENAUER, Mrs. FLETCHER, Mr. JOHNSON of Georgia, 
Ms. MOORE, Mr. ALLRED, Mr. CUELLAR, Ms. JOHNSON of Texas, Ms. 
SEWELL of Alabama, Ms. WASSERMAN SCHULTZ, Mr. KILDEE, Mr. 
MCGOVERN, Mr. LEWIS, Ms. GARCIA of Texas, Ms. MUCARSEL-POWELL, 
Mr. DANNY K. DAVIS of Illinois, Mr. NADLER, Ms. SHALALA, Mr. 
BEYER, 
Mr. 
SCHNEIDER, 
Mrs. 
NAPOLITANO, 
Mr. 
CRIST, 
Ms. 
SPANBERGER, Mr. SOTO, Mr. LAWSON of Florida, Ms. PORTER, Mr. 
RYAN, Mr. KENNEDY, Mr. NEGUSE, Ms. WILSON of Florida, Mrs. DIN-
GELL, Mr. HASTINGS, Mr. COHEN, Mr. CLAY, Mr. CA´RDENAS, Ms. SCHA-
KOWSKY, Mrs. TORRES of California, Ms. ESCOBAR, Mr. BUTTERFIELD, 
Mr. WELCH, Mr. SEAN PATRICK MALONEY of New York, Ms. PRESSLEY, 
Mr. SIRES, Ms. DAVIDS of Kansas, Ms. SPEIER, Ms. ADAMS, Mr. TED 
LIEU of California, Ms. KUSTER of New Hampshire, Ms. TORRES SMALL 
of New Mexico, Ms. DELAURO, Mr. COX of California, Mr. POCAN, Ms. 
PINGREE, and Ms. OMAR) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committees on Education and Labor, 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 com-
mittee concerned 
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A BILL 
To provide for special enrollment periods during public health 
emergencies, coverage of services related to public health 
emergencies, 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 ‘‘Ensuring Coverage in 
Public Health Emergencies Act of 2020’’. 
SEC. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC 
HEALTH EMERGENCIES. 
(a) PUBLIC HEALTH SERVICE ACT.—Title XXVII of 
the Public Health Service Act (42 U.S.C. 300gg et seq.) 
is amended— 
(1) in section 2702(b)(2) (42 U.S.C. 300gg– 
1(b)(2)), by inserting ‘‘, which shall include a special 
enrollment period of 30 days during a public health 
emergency declared under section 319, which period 
may be extended for such time as the Secretary may 
require’’ before the period at the end; and 
(2) in section 2704(f) (42 U.S.C. 300gg–3(f)), 
by adding at the end the following: 
‘‘(4) PUBLIC
HEALTH
EMERGENCIES.—If the 
Secretary declares a public health emergency under 
section 319, a group health plan, and a group health 
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erage during the special enrollment period required 
under section 2702(b)(2) of the Public Health Serv-
ice Act (42 U.S.C. 300gg–1(b)(2)).’’. 
(c) IRC.—Section 9801(f) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9801(f)) is amended by adding 
at the end the following new paragraph: 
‘‘(4) PUBLIC
HEALTH
EMERGENCIES.—If the 
Secretary of Health and Human Services declares a 
public health emergency under section 319 of the 
Public Health Service Act (42 U.S.C. 247d), a 
group health plan shall permit an employee who is 
eligible, but not enrolled, for coverage under the 
terms of the plan (or a dependent of such an em-
ployee if the dependent is eligible, but not enrolled, 
for coverage under such terms) to enroll for coverage 
under the terms of the plan during the special en-
rollment period required under section 2702(b)(2) of 
the Public Health Service Act (42 U.S.C. 300gg– 
1(b)(2)).’’. 
(d) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by subsections (a) and (b) shall be con-
strued to prevent a group health plan or health insurance 
issuer from offering a special enrollment period in addition 
to any such period required under Federal law. 
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SEC. 3. COVERAGE OF PREVENTION AND TREATMENT RE-
LATED TO PUBLIC HEALTH EMERGENCIES. 
(a) REQUIRED COVERAGE.— 
(1) IN GENERAL.—Subpart II of part A of title 
XXVII of the Public Health Service Act (42 U.S.C. 
300gg–11 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 2729A. COVERAGE OF PREVENTION AND TREATMENT 
RELATED TO PUBLIC HEALTH EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan or a health 
insurance issuer offering group or individual health insur-
ance coverage shall provide coverage for such services re-
lated to a disease or condition relating to a public health 
emergency declared under section 319, which, as applica-
ble, shall include any services for the prevention or treat-
ment, of the disease or condition. 
‘‘(b) SCOPE
OF BENEFITS.—The prevention and 
treatment measures for which coverage is required under 
subsection (a) shall— 
‘‘(1) be at the same level as benefits for the 
prevention or treatment of other similar or related 
diseases or conditions, if applicable, under the plan 
or coverage; and 
‘‘(2) include, with respect to the disease or con-
dition reasonably related to the public health emer-
gency, even if no diagnosis has been made and even 
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if the enrollee ultimately is determined not to have 
the disease or condition, as applicable— 
‘‘(A) vaccines to prevent the disease or 
condition, if applicable; 
‘‘(B) testing for diagnosis of the disease or 
condition, if applicable; 
‘‘(C) care related to symptoms an enrollee 
may experience; and 
‘‘(D) treatments for the disease or condi-
tion. 
‘‘(c) COST-SHARING.—Cost-sharing for services for 
which coverage is required under subsection (a) shall be 
comparable to similar such services that would be covered 
by the plan or coverage outside of a public health emer-
gency. 
‘‘(d) WAIVER OF RESTRICTIONS.— 
‘‘(1) IN
GENERAL.—A group health plan or 
health insurance issuer offering group or individual 
health insurance coverage shall waive any restriction 
(including any prior authorization requirement, limi-
tation on filling or refilling prescription drugs, or 
other restrictions) on access to covered benefits re-
quired under this section, if the service is deter-
mined by a qualified health professional to be medi-
cally necessary by the provider and the Secretary de-
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termines such restriction to be unduly burdensome 
in the context of the applicable public health emer-
gency. 
‘‘(2) TERM OF WAIVER.—Any waiver of restric-
tions pursuant to paragraph (1) shall apply only for 
the duration of the public health emergency, as de-
clared under section 319.’’. 
(2) ERISA.— 
(A) IN GENERAL.—Subpart B of part 7 of 
subtitle B of title I of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1181 
et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 716. COVERAGE OF PREVENTION AND TREATMENT 
RELATED TO PUBLIC HEALTH EMERGENCIES. 
‘‘(a) IN GENERAL.—A group health plan or a health 
insurance issuer offering group health insurance coverage, 
shall provide coverage for such services related to a disease 
or condition relating to a public health emergency declared 
under section 319 of the Public Health Service Act, which, 
as applicable, shall include any services for the prevention 
or treatment, of the disease or condition. 
‘‘(b) SCOPE
OF BENEFITS.—The prevention and 
treatment measures for which coverage is required under 
subsection (a) shall— 
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‘‘(1) be at the same level as benefits for the 
prevention or treatment of other similar or related 
diseases or conditions, if applicable, under the plan 
or coverage; and 
‘‘(2) include, with respect to the disease or con-
dition reasonably related to the public health emer-
gency, even if no diagnosis has been made and even 
if the enrollee ultimately is determined not to have 
the disease or condition, as applicable— 
‘‘(A) vaccines to prevent the disease or 
condition, if applicable; 
‘‘(B) testing for diagnosis of the disease or 
condition, if applicable; 
‘‘(C) care related to symptoms an enrollee 
may experience; and 
‘‘(D) treatments for the disease or condi-
tion. 
‘‘(c) COST-SHARING.—Cost-sharing for services for 
which coverage is required under subsection (a) shall be 
comparable to similar such services that would be covered 
by the plan or coverage outside of a public health emer-
gency. 
‘‘(d) WAIVER OF RESTRICTIONS.— 
‘‘(1) IN
GENERAL.—A group health plan or 
health insurance issuer offering group health insur-
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