Sec. 242. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE

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## SEC. 242 TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE ###

(a)In General The following provisions are each amended by striking “February 13, 2011” and inserting “January 1, 2014”: ####

(1)**[**[26 U.S.C. 9801](/us/usc/t26/s9801)**]** Section 9801(c)(2)(D) of the Internal Revenue Code of 1986. ####

(2)Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)). ####

(3)**[**[42 U.S.C. 300gg](/us/usc/t42/s300gg)**]** Section 2701(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning before January 1, 2014). ####

(4)**[**[42 U.S.C. 300gg-3](/us/usc/t42/s300gg-3)**]** Section 2704(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning on or after January 1, 2014). ###

(b)Effective Date **[**[26 U.S.C. 9801 note](/us/usc/t26/s9801)**]** ####

(1)In general The amendments made by this section shall apply to plan years beginning after February 12, 2011. ####

(2)Transitional rules #####

(A)Benefit determinations Notwithstanding the amendments made by this section (and the provisions of law amended thereby), a plan shall not be required to modify benefit determinations for the period beginning on February 13, 2011, and ending 30 days after the date of the enactment of this Act, but a plan shall not fail to be qualified health insurance within the meaning of section 35(e) of the Internal Revenue Code of 1986 during this period merely due to such failure to modify benefit determinations. #####

(B)Guidance concerning periods before 30 days after enactment Except as provided in subparagraph (A), the Secretary of the Treasury (or his designee), in consultation with the Secretary of Health and Human Services and the Secretary of Labor, may issue regulations or other guidance regarding the scope of the application of the amendments made by this section to periods before the date which is 30 days after the date of the enactment of this Act. #####

(C)Special rule relating to certain loss of coverage In the case of a TAA-related loss of coverage (as defined in section 4980B(f)(5)(C)(iv) of the Internal Revenue Code of 1986) that occurs during the period beginning on February 13, 2011, and ending 30 days after the date of the enactment of this Act, the 7-day period described in section 9801(c)(2)(D) of the Internal Revenue Code of 1986, section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974, and section 2701(c)(2)(C) of the Public Health Service Act shall be extended until 30 days after such date of enactment.

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Sec. 242

TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE

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