COBRA Subsidy Extension for Workers and Families Act
Bill: H.R.5390 | Sponsor: Rep. Mrvan, Frank J. (D-IN)
Policy area: Health

Summary:
COBRA Subsidy Extension for Workers and Families Act  This bill extends temporary health insurance premium assistance for enrollees in the COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation coverage program.  Currently, COBRA premiums are fully subsidized through September 30, 2021, and the bill extends the subsidy through September 30, 2022.  The bill also provides for expedited review of denials of eligibility for such assistance.

To amend the American Rescue Plan Act of 2021 to extend the premium 
 assistance for COBRA Continuation Coverage for individuals and their 
                               families.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COBRA Subsidy Extension for Workers 
and Families Act''.

SEC. 2. EXTENSION OF PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE 
              FOR INDIVIDUALS AND THEIR FAMILIES.

    Section 9501(a) of the American Rescue Plan Act of 2021 (Public Law 
117-2) is amended--
            (1) in paragraph (1)(A), by striking ``September 30, 2021'' 
        and inserting ``September 30, 2022'';
            (2) in paragraph (3), by striking ``September 30, 2021'' 
        and inserting ``September 30, 2022'';
            (3) in paragraph (7), by striking ``and (8)'' and inserting 
        ``(8), and (9)'';
            (4) by redesignating paragraphs (9) and (10) as paragraphs 
        (10) and (11), respectively; and
            (5) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) Expedited review of denials of premium assistance.--
        In any case in which an individual requests treatment as an 
        assistance eligible individual and is denied such treatment by 
        the group health plan, the Secretary of Labor (or the Secretary 
        of Health and Human Services in connection with COBRA 
        continuation coverage which is provided other than pursuant to 
        part 6 of subtitle B of title I of the Employee Retirement 
        Income Security Act of 1974), in consultation with the 
        Secretary of the Treasury, shall provide for expedited review 
        of such denial. An individual shall be entitled to such review 
        upon application to such Secretary in such form and manner as 
        shall be provided by such Secretary. Such Secretary shall make 
        a determination regarding such individual's eligibility within 
        15 business days after receipt of such individual's application 
        for review under this paragraph. Either Secretary's 
        determination upon review of the denial shall be de novo and 
        shall be the final determination of such Secretary. A reviewing 
        court shall grant deference to such Secretary's determination. 
        The provisions of this paragraph and paragraphs (1) through (6) 
        shall be treated as provisions of title I of the Employee 
        Retirement Income Security Act of 1974 for purposes of part 5 
        of subtitle B of such title.''.
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