Title: Ensuring Coverage in Public Health Emergencies Act of 2021
Policy area: Health

Summary:
Ensuring Coverage in Public Health Emergencies Act of 2021
This bill requires private health insurance plans to provide a 30-day special enrollment period for eligible individuals after a public health emergency is declared. An employee who is eligible but not enrolled may enroll in an employer-provided group health plan during the special enrollment period.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 526 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 526

    To provide for special enrollment periods during public health 
                              emergencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2021

Mr. Doggett (for himself, Mr. Fitzpatrick, Ms. DeGette, Mr. Brendan F. 
Boyle of Pennsylvania, Mr. Michael F. Doyle of Pennsylvania, Mr. Beyer, 
Mr. Blumenauer, Mr. Butterfield, Mr. Cardenas, Mr. Cohen, Mr. Connolly, 
Mr. Cooper, Mr. Crow, Ms. DeLauro, Mr. Deutch, Mr. Evans, Mr. Hastings, 
Mrs. Hayes, Ms. Houlahan, Mr. Khanna, Mr. Lieu, Ms. Moore of Wisconsin, 
   Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Ms. Omar, Mr. Pocan, Ms. 
    Porter, Mr. Ryan, Ms. Schakowsky, Mr. Schneider, Mr. Trone, Ms. 
Velazquez, Ms. Wasserman Schultz, Mr. Welch, Ms. Wild, Ms. Spanberger, 
 Ms. Sanchez, Mr. Danny K. Davis of Illinois, and Ms. Ross) introduced 
 the following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committees on Ways and Means, and 
Education and Labor, 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 committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for special enrollment periods during public health 
                              emergencies.

    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 ``Ensuring Coverage in Public Health 
Emergencies Act of 2021''.

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 insurance issuer offering group health 
        insurance coverage in connection with a group health plan, 
        shall permit an employee who is eligible, but not enrolled, for 
        coverage under the terms of the plan or coverage (or a 
        dependent of such an employee if the dependent is eligible, but 
        not enrolled, for coverage under such terms) to enroll for 
        coverage under the terms of the plan or coverage during the 
        special enrollment period required under section 2702(b)(2) of 
        the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''.
    (b) ERISA.--Section 701(f) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the 
end the following:
            ``(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, or a health insurance issuer 
        offering group health insurance coverage in connection with 
        such a plan, shall permit an employee who is eligible, but not 
        enrolled, for coverage under the terms of the plan or coverage 
        (or a dependent of such an employee if the dependent is 
        eligible, but not enrolled, for coverage under such terms) to 
        enroll for coverage under the terms of the plan or coverage 
        during the special enrollment period required under section 
        2702(b)(2) of the Public Health Service 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 employee 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 enrollment 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 this 
section shall be construed 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.

SEC. 3. EFFECTIVE DATE; APPLICATION.

    The amendments made by this Act shall take effect on the date of 
enactment of this Act and shall apply with respect to plan years in 
effect on the date of enactment of this Act, and plan years beginning 
on or after such date.
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