Sec. 312. Increasing accessibility and affordability to qualified health plans for individuals receiving unemployment compensation during the COVID–19 emergency period
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Section 1311(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c) ) is amended— in paragraph (6)— in subparagraph (C), by striking at the end and ; in subparagraph (D), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: special enrollment periods described in paragraph (8). ; and by adding at the end the following new paragraph: The special enrollment period described in this paragraph— in the case of an individual who becomes eligible for unemployment compensation on any date before January 1, 2021, is the period beginning on the first day on or after such date that the individual is not eligible for minimum essential coverage (as defined in section 5000A(f) of the Internal Revenue Code of 1986) and ending on the later of— December 31, 2020; and the day that is 60 days after such first day; and in the case of an individual who becomes eligible for unemployment compensation beginning on any date that is on or after January 1, 2021, is the 60-day period beginning on the first day on or after such date that the individual is not eligible for minimum essential coverage.
For purposes of this paragraph, eligibility of an individual for unemployment compensation and the date on which such eligibility begins shall be determined by the self-attestation of such individual. For purposes of this paragraph, an individual shall not be treated as eligible for minimum essential coverage if— such individual is eligible only for coverage described in section 5000A(f)(1)(C) of the Internal Revenue Code of 1986; or such individual would not be treated as eligible for minimum essential coverage pursuant to section 36B(c)(2)(C) of such Code.
Nothing in subparagraph
(A)shall be construed to prohibit an individual described in such subparagraph from qualifying for multiple special enrollment periods under such subparagraph. In this paragraph, the term unemployment compensation means, with respect to an individual— regular compensation and extended compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); unemployment compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary; pandemic unemployment assistance under section 2102 of the CARES Act; pandemic emergency unemployment compensation under section 2107 of the CARES Act; pandemic emergency unemployment extension compensation under section 2107A of the CARES Act; unemployment benefits under the Railroad Unemployment Insurance Act; and trade adjustment assistance under title II of the Trade Act of 1974; for which such individual is eligible for any week during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act and ending on December 31, 2021. . Section 1303 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023 ) is amended by adding at the end the following new subsection: In the case of an individual described in section 1311(c)(8)(A) who enrolls in a qualified health plan through an Exchange during a month during a special enrollment period described in such section, such coverage shall be effective beginning on— if such individual was enrolled in minimum essential coverage (other than the qualified health plan enrolled through such a special enrollment period) on the first day of such month, the first day of such month on which the individual is longer so enrolled; and if such individual was not enrolled in minimum essential coverage (other than the qualified health plan enrolled through such a special enrollment period) on the first day of such month, the first day of such month. In this subsection, the term minimum essential coverage has the meaning given such term in section 5000A(f) of the Internal Revenue Code of 1986. . The Secretary of Health and Human Services shall make available to States a model notice (which may be sent by mail, email, or electronic means upon the receipt of unemployment compensation (as defined in subparagraph
(D)of section 1311(c)(8) of the Patient Protection and Affordable Care Act, as added by subsection (a)) that includes information with respect to the eligibility of individuals described in subparagraph
(A)of such section— to enroll in a qualified health plan offered through an Exchange during a special enrollment period described in section 1311(c)(8)(A) of such Act; for the premium tax credit under section 36B of the Internal Revenue Code of 1986; and for any increase to the premium tax credit an individual otherwise receives under section 36B of the Internal Revenue Code of 1986 by reason of subsection
(g)of such section. Section 1311(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(b) ) by adding at the end the following new paragraph: An Exchange shall, not later than 7 days after the date of the enactment of this paragraph, prominently post on the homepage of the Internet website for such Exchange information with respect to the special enrollment period described in subsection (c)(8)(A) and hyperlinks to information with respect to the eligibility of individuals described in such subsection— to enroll in a qualified health plan offered through an Exchange during a special enrollment period described in such subsection; for the premium tax credit under section 36B of the Internal Revenue Code of 1986; and for any increase to the premium tax credit an individual otherwise receives under section 36B of the Internal Revenue Code of 1986 by reason of subsection
(g)of such section. .
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Sec. 312
Increasing accessibility and affordability to qualified health plans for individuals receiving unemployment compensation during the COVID–19 emergency period
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