I 117th CONGRESS 1st Session H. R. 526 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. Cárdenas , 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. Velázquez , Ms. Wasserman Schultz , Mr. Welch , Ms. Wild , Ms. Spanberger , Ms. Sánchez , 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.

1. Short title This Act may be cited as the Ensuring Coverage in Public Health Emergencies Act of 2021 . 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. 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.