Sec. 2. Special enrollment periods during public health emergencies
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Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.) is amended— 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 in section 2704(f) ( 42 U.S.C. 300gg–3(f) ), by adding at the end the following: If the Secretary declares a public health emergency under section 319, 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) ). .
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: 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) ). .
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: 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) ). .
Nothing in the amendments made by subsections
(a)and
(b)shall be construed to prevent group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.
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- 42 USC 300gg–1(b)(2)
- 42 USC 300gg–3(f)
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Sec. 2
Special enrollment periods during public health emergencies
Cite42 USC 300gg–1(b)(2)
Cite42 USC 300gg–3(f)
Cites 6Cited by 0 across 0 sources