109th CONGRESS
1st Session
S. 224
To extend the period for COBRA coverage for victims of the terrorist
attacks of September 11, 2001.
IN THE SENATE OF THE UNITED STATES
February 1, 2005
Mr. KENNEDY (for himself, Mr. CORZINE, and Mr. LAUTENBERG) introduced the
following bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
A BILL
To extend the period for COBRA coverage for victims of the terrorist
attacks of September 11, 2001.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Continuing Care for Recovering Families Act'.
SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR CERTAIN INDIVIDUALS.
(a) ERISA Amendment- Section 605 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1165) is amended by adding at the end the following:
`(c) Temporary Extension of COBRA Election and Coverage Period for Victims
of Terrorist Attacks-
`(1) IN GENERAL- In the case of an eligible individual and notwithstanding
subsection (a), such individual may elect continuation coverage under this
part during the 120-day period that begins on the later of--
`(A) the date of enactment of the Continuing Care for Recovering Families
Act; or
`(B) the date on which the individual experiences the terrorism-related
loss of coverage.
`(2) COMMENCEMENT OF COVERAGE; NO REACH-BACK- Any continuation coverage
elected by an eligible individual under paragraph (1) shall commence at
the beginning of the 120-day election period described in such paragraph
and shall not include any period prior to such 120-day election period.
In no event shall the maximum period required under section 602(2)(A) be
less than the period during which the individual is an eligible individual.
`(3) PREEXISTING CONDITIONS- With respect to an individual who elects continuation
coverage pursuant to paragraph (1), the period--
`(A) beginning on the date of the terrorism-related loss of coverage,
and
`(B) ending on the first day of the 120-day election period described
in paragraph (1), shall be disregarded for purposes of determining the
63-day periods referred to in section 701(c)(2), section 2701(c)(2) of
the Public Health Service Act, and section 9801(c)(2) of the Internal
Revenue Code of 1986.
`(4) DEFINITIONS- For purposes of this subsection:
`(A) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an individual
who--
`(i)(I) is the child of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001; or
`(II) was the spouse of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001, on September
11, 2001;
`(ii) has experienced a terrorism-related loss of coverage; and
`(iii) is not otherwise entitled to benefits, or enrolled, under part
A of title XVIII of the Social Security Act or enrolled under part B
of such title.
`(B) TERRORISM-RELATED LOSS OF COVERAGE- The term `terrorism-related loss
of coverage' means, with respect to an eligible individual, the loss of
health benefits coverage associated with the death, injury, or loss of
employment of an individual described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001.'.
(b) PHSA Amendment- Section 2205 of the Public Health Service Act (42 U.S.C.
300bb-5) is amended by adding at the end the following:
`(c) Temporary Extension of COBRA Election and Coverage Period for Victims
of Terrorist Attacks-
`(1) IN GENERAL- In the case of an eligible individual and notwithstanding
subsection (a), such individual may elect continuation coverage under this
title during the 120-day period that begins on the later of--
`(A) the date of enactment of the Continuing Care for Recovering Families
Act; or
`(B) the date on which the individual experiences the terrorism-related
loss of coverage.
`(2) COMMENCEMENT OF COVERAGE; NO REACH-BACK- Any continuation coverage
elected by an eligible individual under paragraph (1) shall commence at
the beginning of the 120-day election period described in such paragraph
and shall not include any period prior to such 120-day election period.
In no event shall the maximum period required under section 2202(2)(A) be
less than the period during which the individual is an eligible individual.
`(3) PREEXISTING CONDITIONS- With respect to an individual who elects continuation
coverage pursuant to paragraph (1), the period--
`(A) beginning on the date of the terrorism-related loss of coverage,
and
`(B) ending on the first day of the 120-day election period described
in paragraph (1), shall be disregarded for purposes of determining the
63-day periods referred to in section 2701(c)(2), section 701(c)(2) of
the Employee Retirement Income Security Act of 1974, and section 9801(c)(2)
of the Internal Revenue Code of 1986.
`(4) DEFINITIONS- For purposes of this subsection:
`(A) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an individual
who--
`(i)(I) is the child of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001; or
`(II) was the spouse of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001, on September
11, 2001;
`(ii) has experienced a terrorism-related loss of coverage; and
`(iii) is not otherwise entitled to benefits, or enrolled, under part
A of title XVIII of the Social Security Act or enrolled under part B
of such title.
`(B) TERRORISM-RELATED LOSS OF COVERAGE- The term `terrorism-related loss
of coverage' means, with respect to an eligible individual, the loss of
health benefits coverage associated with the death, injury, or loss of
employment of an individual described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001.'.
(c) IRC Amendments- Paragraph (5) of section 4980B(f) of the Internal Revenue
Code of 1986 (relating to election) is amended by adding at the end the following:
`(D) TEMPORARY EXTENSION OF COBRA ELECTION AND COVERAGE PERIOD FOR VICTIMS
OF TERRORIST ATTACKS-
`(i) IN GENERAL- In the case of an eligible individual and notwithstanding
paragraph (1), such individual may elect continuation coverage under
this title during the 120-day period that begins on the later of--
`(I) the date of enactment of the Continuing Care for Recovering Families
Act; or
`(II) the date on which the individual experiences the terrorism-related
loss of coverage.
`(ii) COMMENCEMENT OF COVERAGE; NO REACH-BACK- Any continuation coverage
elected by an eligible individual under clause (i) shall commence at
the beginning of the 120-day election period described in such clause
and shall not include any period prior to such 120-day election period.
In no event shall the maximum period required under paragraph (2)(B)(i)
be less than the period during which the individual is an eligible individual.
`(iii) PREEXISTING CONDITIONS- With respect to an individual who elects
continuation coverage pursuant to clause (i), the period--
`(I) beginning on the date of the terrorism-related loss of coverage,
and
`(II) ending on the first day of the 120-day election period described
in clause (i), shall be disregarded for purposes of determining the
63-day periods referred to in section 9801(c)(2), section 701(c)(2)
of the Employee Retirement Income Security Act of 1974, and section
2701(c)(2) of the Public Health Service Act.
`(iv) DEFINITIONS- For purposes of this subparagraph:
`(I) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an
individual who--
`(aa)(AA) is the child of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001; or
`(BB) was the spouse of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001, on September 11, 2001;
`(bb) has experienced a terrorism-related loss of coverage; and
`(cc) is not otherwise entitled to benefits, or enrolled, under part
A of title XVIII of the Social Security Act or enrolled under part B of such
title.
`(II) TERRORISM-RELATED LOSS OF COVERAGE- The term `terrorism-related
loss of coverage' means, with respect to an eligible individual, the
loss of health benefits coverage associated with the death, injury,
or loss of employment of an individual described in section 405(c)(2)
of the September 11th Victim Compensation Fund of 2001.'.
END
