Sec. 314. Requirements for COBRA notices relating to the availability of health insurance coverage and assistance
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In the case of a notice provided under section 606(a)(4) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1166(4) ), section 4980B(f)(6)(D) of the Internal Revenue Code of 1986, or section 2206(4) of the Public Health Service Act ( 42 U.S.C. 300bb–6(4) ), with respect to an individual who, during the period described in paragraph (2), becomes entitled to elect COBRA continuation coverage, the requirements of such provisions shall not be treated as met unless such notice includes an additional written notice advising such individual, in clear and understandable language— that such individual may be eligible for— a special enrollment period described in section 1311(c)(8)(A) of the Patient Protection and Affordable Care Act; and a premium tax credit under section 36B of the Internal Revenue Code of 1986 (including a possible increase to such credit by reason of subsection
(g)of such section); and of the existence and potential effects of the temporary modification of limitations on reconciliation of such credits under section 36B(f)(2)(B)(iii) of such Code. For purposes of paragraph (1), the period described in this paragraph is the period that— begins 14 days after the date of the enactment of this Act; and ends 60 days after the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). The requirement of the additional notification under this subsection may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. Not later than 14 days after the date of enactment of this Act, with respect to any individual described in paragraph (1), the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall prescribe models for the additional notification required under this subsection. Such models shall include an estimate of the amount of the monthly premium of a silver-level qualified health plan offered through an Exchange following the application of tax credits under section 36B of the Internal Revenue Code of 1986 for the average individual eligible for the special enrollment period described in paragraph (1)(A)(i). The Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall provide outreach consisting of public education and enrollment assistance relating to premium assistance, special enrollment periods, and reconciliation modifications described in subsection (a)(1). Such outreach shall target employers, group health plan administrators, public assistance programs, States, consumers, and other entities as determined appropriate by such Secretaries. Information on such premium assistance, special enrollment periods, and reconciliation modifications shall also be made available on the websites of the Departments of Labor, Treasury, and Health and Human Services. In this section: The term COBRA continuation coverage means continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, or section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986. The term Exchange means an American Health Benefit Exchange established under section 1311 of the Patient Protection and Affordable Care Act. The term group health plan has the meaning given such term in section 607(1) of the Employee Retirement Income Security Act of 1974. The term qualified health plan has the meaning given such term in section 1301(a)(1) of the Patient Protection and Affordable Care Act. The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 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; 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 described in subsection (a)(2).
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U.S. Code
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- 42 USC 300bb–6(4)
- 42 USC 1320b–5(g)(1)(B)
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Sec. 314
Requirements for COBRA notices relating to the availability of health insurance coverage and assistance
Cite42 USC 300bb–6(4)
Cite42 USC 1320b–5(g)(1)(B)
Cites 3Cited by 0 across 0 sources