Sec. 3. Special enrollment period
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Section 2702(b)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b)(2) ) is amended by inserting , including a special enrollment period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19, beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the health insurance issuer before the period at the end. Section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) is amended— in subparagraph (C), by striking and at the end; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following new subparagraph: a special enrollment period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19, beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the Exchange; and . 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: 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 upon a diagnosis or a presumptive positive diagnosis of COVID-19, with the special enrollment period beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the group health plan. The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19 to enroll in coverage or change coverage, and effective date of such coverage. . 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: A group health plan or health insurance issuer 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 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 upon a diagnosis or presumptive positive diagnosis of COVID-19, with the special enrollment period beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the group health plan or health insurance issuer or the diagnosis or presumptive positive diagnosis is confirmed by a health care provider. The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19 to enroll in coverage and effective date of such coverage. .
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- 42 USC 300gg–1(b)(2)
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