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S. 4714, Worker Health Coverage Protection Act

Summary

Senate bill 4714, the Worker Health Coverage Protection Act, introduced in the Senate of the United States on September 24, 2020, by Durbin with Cortez Masto, Brown and others named, and referred to the Committee on Finance. Its printed purpose is to preserve health benefits for workers. Section 2 provides premium assistance for COBRA continuation coverage and furloughed continuation coverage, for premiums for periods beginning on March 1, 2020, and ending on January 31, 2021, under which an assistance eligible individual is treated as having paid the premium if the individual pays 0 percent of the amount owed. A rule of construction states that the section shall be interpreted broadly for the benefit of workers and their families.

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Congressional materials
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Bills Bills 116S4714Is Bills 116S4714Is
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Bills Bills 116S4714Is Bills 116S4714Is

Cite this document

“S. 4714, Worker Health Coverage Protection Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4714is-bills-116s4714is/, SHA-256 83c4a098113d92cfa811a2eb3baedd87696b95c6e93454e06bc25cb28c3f06af.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                               S. 4714
                                                                                                    To preserve health benefits for workers.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                   SEPTEMBER 24, 2020
                                                                       Mr. DURBIN (for himself, Ms. CORTEZ MASTO, Mr. BROWN, Mrs. SHAHEEN,
                                                                           Ms. SMITH, Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. BENNET, Mr. REED,
                                                                           Mr. MERKLEY, Mr. BLUMENTHAL, Ms. DUCKWORTH, Ms. STABENOW,
                                                                           Ms. ROSEN, and Mr. MENENDEZ) introduced the following bill; which was
                                                                           read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                                            To preserve health benefits for workers.

                                                                         1               Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4               This Act may be cited as the ‘‘Worker Health Cov-
                                                                         5 erage Protection Act’’.
                                                                         6     SEC. 2. PRESERVING HEALTH BENEFITS FOR WORKERS.

                                                                         7               (a) PREMIUM ASSISTANCE FOR COBRA CONTINU-
                                                                         8     ATION            COVERAGE               AND        FURLOUGHED CONTINUATION




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                                                                         9 COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.—
                                                                       10                         (1) PROVISION OF PREMIUM ASSISTANCE.—


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                                                                         1                                 (A)         REDUCTION                 OF       PREMIUMS        PAY-

                                                                         2                        ABLE.—

                                                                         3                                         (i)      COBRA                 CONTINUATION            COV-

                                                                         4                                 ERAGE.—In the case of any premium for a

                                                                         5                                 period of coverage during the period begin-
                                                                         6                                 ning on March 1, 2020, and ending on
                                                                         7                                 January 31, 2021, for COBRA continu-
                                                                         8                                 ation coverage with respect to any assist-
                                                                         9                                 ance eligible individual described in para-
                                                                       10                                  graph (3)(A), such individual shall be
                                                                       11                                  treated for purposes of any COBRA con-
                                                                       12                                  tinuation provision as having paid the
                                                                       13                                  amount of such premium if such individual
                                                                       14                                  pays (and any person other than such indi-
                                                                       15                                  vidual’s employer pays on behalf of such
                                                                       16                                  individual) 0 percent of the amount of
                                                                       17                                  such premium owed by such individual (as
                                                                       18                                  determined without regard to this sub-
                                                                       19                                  section).
                                                                       20                                          (ii)       FURLOUGHED                          CONTINUATION

                                                                       21                                  COVERAGE.—In the case of any premium

                                                                       22                                  for a period of coverage during the period
                                                                       23                                  beginning on March 1, 2020, and ending
                                                                       24                                  on January 31, 2021, for coverage under



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                                                                       25                                  a group health plan with respect to any as-


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                                                                         1                                 sistance eligible individual described in
                                                                         2                                 paragraph (3)(B), such individual shall be
                                                                         3                                 treated for purposes of coverage under the
                                                                         4                                 plan offered by the plan sponsor in which
                                                                         5                                 the individual is enrolled as having paid
                                                                         6                                 the amount of such premium if such indi-
                                                                         7                                 vidual pays (and any person other than
                                                                         8                                 such individual’s employer pays on behalf
                                                                         9                                 of such individual) 0 percent of the
                                                                       10                                  amount of such premium owed by such in-
                                                                       11                                  dividual (as determined without regard to
                                                                       12                                  this subsection).
                                                                       13                                  (B) PLAN ENROLLMENT OPTION.—
                                                                       14                                          (i)      IN        GENERAL.—Notwithstanding

                                                                       15                                  the COBRA continuation provisions, any
                                                                       16                                  assistance eligible individual who is en-
                                                                       17                                  rolled in a group health plan offered by a
                                                                       18                                  plan sponsor, not later than 90 days after
                                                                       19                                  the date of notice of the plan enrollment
                                                                       20                                  option described in this subparagraph, may
                                                                       21                                  elect to enroll in coverage under a plan of-
                                                                       22                                  fered by such plan sponsor that is different
                                                                       23                                  than coverage under the plan in which
                                                                       24                                  such individual was enrolled at the time—



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                                                                         1                                                  (I) in the case of any assistance
                                                                         2                                         eligible individual described in para-
                                                                         3                                         graph (3)(A), the qualifying event
                                                                         4                                         specified in section 603(2) of the Em-
                                                                         5                                         ployee Retirement Income Security
                                                                         6                                         Act of 1974 (29 U.S.C. 1163(2)), sec-
                                                                         7                                         tion 4980B(f)(3)(B) of the Internal
                                                                         8                                         Revenue             Code           of          1986,    section
                                                                         9                                         2203(2) of the Public Health Service
                                                                       10                                          Act (42 U.S.C. 300bb–3(2)), or sec-
                                                                       11                                          tion 8905a of title 5, United States
                                                                       12                                          Code (except for the voluntary termi-
                                                                       13                                          nation of such individual’s employ-
                                                                       14                                          ment by such individual), occurred,
                                                                       15                                          and such coverage shall be treated as
                                                                       16                                          COBRA continuation coverage for
                                                                       17                                          purposes of the applicable COBRA
                                                                       18                                          continuation coverage provision; or
                                                                       19                                                   (II) in the case of any assistance
                                                                       20                                          eligible individual described in para-
                                                                       21                                          graph (3)(B), the furlough period
                                                                       22                                          began with respect to such individual.
                                                                       23                                          (ii) REQUIREMENTS.—Any assistance
                                                                       24                                  eligible individual may elect to enroll in



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                                                                         1                                 different coverage as described in clause (i)
                                                                         2                                 only if—
                                                                         3                                                  (I) the employer involved has
                                                                         4                                         made a determination that such em-
                                                                         5                                         ployer will permit such assistance eli-
                                                                         6                                         gible individual to enroll in different
                                                                         7                                         coverage as provided under this sub-
                                                                         8                                         paragraph;
                                                                         9                                                  (II) the premium for such dif-
                                                                       10                                          ferent coverage does not exceed the
                                                                       11                                          premium for coverage in which such
                                                                       12                                          individual was enrolled at the time
                                                                       13                                          such qualifying event occurred or im-
                                                                       14                                          mediately before such furlough began;
                                                                       15                                                   (III) the different coverage in
                                                                       16                                          which the individual elects to enroll is
                                                                       17                                          coverage that is also offered to the ac-
                                                                       18                                          tive employees of the employer, who
                                                                       19                                          are not in a furlough period, at the
                                                                       20                                          time at which such election is made;
                                                                       21                                          and
                                                                       22                                                   (IV) the different coverage in
                                                                       23                                          which the individual elects to enroll is
                                                                       24                                          not—



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                                                                         1                                                            (aa) coverage that provides
                                                                         2                                                  only dental, vision, counseling, or
                                                                         3                                                  referral services (or a combina-
                                                                         4                                                  tion of such services);
                                                                         5                                                            (bb) a qualified small em-
                                                                         6                                                  ployer health reimbursement ar-
                                                                         7                                                  rangement (as defined in section
                                                                         8                                                  9831(d)(2) of the Internal Rev-
                                                                         9                                                  enue Code of 1986);
                                                                       10                                                             (cc) a flexible spending ar-
                                                                       11                                                   rangement (as defined in section
                                                                       12                                                   106(c)(2) of the Internal Rev-
                                                                       13                                                   enue Code of 1986); or
                                                                       14                                                             (dd) benefits that provide
                                                                       15                                                   coverage for services or treat-
                                                                       16                                                   ments furnished in an on-site
                                                                       17                                                   medical facility maintained by
                                                                       18                                                   the employer and that consists
                                                                       19                                                   primarily of first-aid services,
                                                                       20                                                   prevention and wellness care, or
                                                                       21                                                   similar care (or a combination of
                                                                       22                                                   such care).
                                                                       23                                  (C) PREMIUM REIMBURSEMENT.—For pro-
                                                                       24                         visions providing the payment of such premium,



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                                                                         1                        see section 6432 of the Internal Revenue Code
                                                                         2                        of 1986, as added by paragraph (14).
                                                                         3                        (2) LIMITATION OF PERIOD OF PREMIUM AS-
                                                                         4               SISTANCE.—

                                                                         5                                 (A) ELIGIBILITY                    FOR ADDITIONAL COV-

                                                                         6                        ERAGE.—Paragraph (1)(A) shall not apply with

                                                                         7                        respect to—
                                                                         8                                         (i) any assistance eligible individual
                                                                         9                                 described in paragraph (3)(A) for months
                                                                       10                                  of coverage beginning on or after the ear-
                                                                       11                                  lier of—
                                                                       12                                                   (I) the first date that such indi-
                                                                       13                                          vidual is eligible for coverage under
                                                                       14                                          any other group health plan (other
                                                                       15                                          than coverage consisting of only den-
                                                                       16                                          tal, vision, counseling, or referral serv-
                                                                       17                                          ices (or a combination thereof), cov-
                                                                       18                                          erage under a flexible spending ar-
                                                                       19                                          rangement (as defined in section
                                                                       20                                          106(c)(2) of the Internal Revenue
                                                                       21                                          Code of 1986), coverage of treatment
                                                                       22                                          that is furnished in an on-site medical
                                                                       23                                          facility maintained by the employer
                                                                       24                                          and that consists primarily of first-aid



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                                                                       25                                          services, prevention and wellness care,


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                                                                         1                                         or similar care (or a combination
                                                                         2                                         thereof)), or eligible for benefits under
                                                                         3                                         the Medicare program under title
                                                                         4                                         XVIII of the Social Security Act (42
                                                                         5                                         U.S.C. 1395 et seq.); or
                                                                         6                                                  (II) the earlier of—
                                                                         7                                                            (aa) the date following the
                                                                         8                                                  expiration of the maximum pe-
                                                                         9                                                  riod of continuation coverage re-
                                                                       10                                                   quired            under          the          applicable
                                                                       11                                                   COBRA               continuation               coverage
                                                                       12                                                   provision; or
                                                                       13                                                             (bb) the date following the
                                                                       14                                                   expiration of the period of con-
                                                                       15                                                   tinuation coverage allowed under
                                                                       16                                                   paragraph (4)(B)(ii); or
                                                                       17                                          (ii) any assistance eligible individual
                                                                       18                                  described in paragraph (3)(B) for months
                                                                       19                                  of coverage beginning on or after the ear-
                                                                       20                                  lier of—
                                                                       21                                                   (I) the first date that such indi-
                                                                       22                                          vidual is eligible for coverage under
                                                                       23                                          any other group health plan (other
                                                                       24                                          than coverage consisting of only den-



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                                                                       25                                          tal, vision, counseling, or referral serv-


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                                                                         1                                         ices (or a combination thereof), cov-
                                                                         2                                         erage under a flexible spending ar-
                                                                         3                                         rangement (as defined in section
                                                                         4                                         106(c)(2) of the Internal Revenue
                                                                         5                                         Code of 1986), coverage of treatment
                                                                         6                                         that is furnished in an on-site medical
                                                                         7                                         facility maintained by the employer
                                                                         8                                         and that consists primarily of first-aid
                                                                         9                                         services, prevention and wellness care,
                                                                       10                                          or similar care (or a combination
                                                                       11                                          thereof)), or eligible for benefits under
                                                                       12                                          the Medicare program under title
                                                                       13                                          XVIII of the Social Security Act (42
                                                                       14                                          U.S.C. 1395 et seq.); or
                                                                       15                                                   (II) the first date that such indi-
                                                                       16                                          vidual is no longer in the furlough pe-
                                                                       17                                          riod.
                                                                       18                                  (B) NOTIFICATION                        REQUIREMENT.—Any

                                                                       19                         assistance eligible individual shall notify the
                                                                       20                         group health plan with respect to which para-
                                                                       21                         graph (1)(A) applies if such paragraph ceases
                                                                       22                         to apply by reason of clause (i)(I) or (ii)(I) of
                                                                       23                         subparagraph (A) (as applicable). Such notice
                                                                       24                         shall be provided to the group health plan in



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                                                                         1                        such time and manner as may be specified by
                                                                         2                        the Secretary of Labor.
                                                                         3                                 (C) SPECIAL ENROLLMENT PERIOD FOL-
                                                                         4                        LOWING           EXPIRATION                  OF       PREMIUM           ASSIST-

                                                                         5                        ANCE.—Notwithstanding                            section 1311 of the
                                                                         6                        Patient Protection and Affordable Care Act (42
                                                                         7                        U.S.C. 18031), the expiration of premium as-
                                                                         8                        sistance pursuant to a limitation specified
                                                                         9                        under subparagraph (A) shall be treated as a
                                                                       10                         qualifying event for which any assistance eligi-
                                                                       11                         ble individual is eligible to enroll in a qualified
                                                                       12                         health plan offered through an Exchange under
                                                                       13                         title I of such Act (42 U.S.C. 18001 et seq.)
                                                                       14                         during a special enrollment period.
                                                                       15                         (3) ASSISTANCE                    ELIGIBLE INDIVIDUAL.—For

                                                                       16                purposes of this section, the term ‘‘assistance eligible
                                                                       17                individual’’ means, with respect to a period of cov-
                                                                       18                erage during the period beginning on March 1,
                                                                       19                2020, and ending on January 31, 2021—
                                                                       20                                  (A) any individual that is a qualified bene-
                                                                       21                         ficiary that—
                                                                       22                                          (i) is eligible for COBRA continuation
                                                                       23                                  coverage by reason of a qualifying event
                                                                       24                                  specified in section 603(2) of the Employee



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                                                                       25                                  Retirement Income Security Act of 1974


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                                                                         1                                 (29             U.S.C.                 1163(2)),               section
                                                                         2                                 4980B(f)(3)(B) of the Internal Revenue
                                                                         3                                 Code of 1986, section 2203(2) of the Pub-
                                                                         4                                 lic Health Service Act (42 U.S.C. 300bb–
                                                                         5                                 3(2)), or section 8905a of title 5, United
                                                                         6                                 States Code (except for the voluntary ter-
                                                                         7                                 mination of such individual’s employment
                                                                         8                                 by such individual); and
                                                                         9                                         (ii) elects such coverage; or
                                                                       10                                  (B) any covered employee that is in a fur-
                                                                       11                         lough period that remains eligible for coverage
                                                                       12                         under a group health plan offered by the em-
                                                                       13                         ployer of such covered employee.
                                                                       14                         (4) EXTENSION OF ELECTION PERIOD AND EF-
                                                                       15                FECT ON COVERAGE.—

                                                                       16                                  (A) IN GENERAL.—For purposes of apply-
                                                                       17                         ing section 605(a) of the Employee Retirement
                                                                       18                         Income Security Act of 1974 (29 U.S.C.
                                                                       19                         1165(a)), section 4980B(f)(5)(A) of the Inter-
                                                                       20                         nal Revenue Code of 1986, section 2205(a) of
                                                                       21                         the Public Health Service Act (42 U.S.C.
                                                                       22                         300bb–5(a)), and section 8905a(c)(2) of title 5,
                                                                       23                         United States Code, in the case of—
                                                                       24                                          (i) an individual who does not have an



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                                                                       25                                  election of COBRA continuation coverage


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                                                                         1                                 in effect on the date of the enactment of
                                                                         2                                 this Act but who would be an assistance el-
                                                                         3                                 igible individual described in paragraph
                                                                         4                                 (3)(A) if such election were so in effect; or
                                                                         5                                         (ii) an individual who elected COBRA
                                                                         6                                 continuation coverage on or after March 1,
                                                                         7                                 2020, and discontinued from such coverage
                                                                         8                                 before the date of the enactment of this
                                                                         9                                 Act,
                                                                       10                         such individual may elect the COBRA continu-
                                                                       11                         ation coverage under the COBRA continuation
                                                                       12                         coverage provisions containing such provisions
                                                                       13                         during the period beginning on the date of the
                                                                       14                         enactment of this Act and ending 60 days after
                                                                       15                         the date on which the notification required
                                                                       16                         under paragraph (7)(C) is provided to such in-
                                                                       17                         dividual.
                                                                       18                                  (B) COMMENCEMENT OF COBRA CONTINU-
                                                                       19                         ATION COVERAGE.—Any                             COBRA continuation
                                                                       20                         coverage elected by a qualified beneficiary dur-
                                                                       21                         ing an extended election period under subpara-
                                                                       22                         graph (A)—
                                                                       23                                          (i) shall apply as if such qualified ben-
                                                                       24                                  eficiary had been covered as of the date of



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                                                                       25                                  a qualifying event specified in section


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                                                                         1                                 603(2) of the Employee Retirement In-
                                                                         2                                 come Security Act of 1974 (29 U.S.C.
                                                                         3                                 1163(2)), section 4980B(f)(3)(B) of the
                                                                         4                                 Internal Revenue Code of 1986, section
                                                                         5                                 2203(2) of the Public Health Service Act
                                                                         6                                 (42 U.S.C. 300bb–3(2)), or section 8905a
                                                                         7                                 of title 5, United States Code, except for
                                                                         8                                 the voluntary termination of such bene-
                                                                         9                                 ficiary’s employment by such beneficiary,
                                                                       10                                  that occurs no earlier than March 1, 2020
                                                                       11                                  (including the treatment of premium pay-
                                                                       12                                  ments under paragraph (1)(A) and any
                                                                       13                                  cost-sharing requirements for items and
                                                                       14                                  services under a group health plan); and
                                                                       15                                          (ii) shall not extend beyond the period
                                                                       16                                  of COBRA continuation coverage that
                                                                       17                                  would have been required under the appli-
                                                                       18                                  cable COBRA continuation coverage provi-
                                                                       19                                  sion if the coverage had been elected as re-
                                                                       20                                  quired under such provision.
                                                                       21                         (5) EXPEDITED REVIEW OF DENIALS OF PRE-
                                                                       22                MIUM ASSISTANCE.—In any case in which an indi-

                                                                       23                vidual requests treatment as an assistance eligible
                                                                       24                individual described in subparagraph (A) or (B) of



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                                                                       25                paragraph (3) and is denied such treatment by the


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                                                                         1               group health plan, the Secretary of Labor (or the
                                                                         2               Secretary of Health and Human Services in connec-
                                                                         3               tion with COBRA continuation coverage which is
                                                                         4               provided other than pursuant to part 6 of subtitle B
                                                                         5               of title I of the Employee Retirement Income Secu-
                                                                         6               rity Act of 1974 (29 U.S.C. 1161 et seq.)), in con-
                                                                         7               sultation with the Secretary of the Treasury, shall
                                                                         8               provide for expedited review of such denial. An indi-
                                                                         9               vidual shall be entitled to such review upon applica-
                                                                       10                tion to such Secretary in such form and manner as
                                                                       11                shall be provided by such Secretary, in consultation
                                                                       12                with the Secretary of Treasury. Such Secretary shall
                                                                       13                make a determination regarding such individual’s
                                                                       14                eligibility within 15 business days after receipt of
                                                                       15                such individual’s application for review under this
                                                                       16                paragraph. Either Secretary’s determination upon
                                                                       17                review of the denial shall be de novo and shall be the
                                                                       18                final determination of such Secretary. A reviewing
                                                                       19                court shall grant deference to such Secretary’s deter-
                                                                       20                mination. The provisions of this paragraph, para-
                                                                       21                graphs (1) through (4), and paragraphs (7) through
                                                                       22                (9) shall be treated as provisions of title I of the
                                                                       23                Employee Retirement Income Security Act of 1974
                                                                       24                (29 U.S.C. 1001 et seq.) for purposes of part 5 of



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                                                                       25                subtitle B of such title.


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                                                                         1                        (6) DISREGARD OF SUBSIDIES FOR PURPOSES
                                                                         2               OF       FEDERAL              AND        STATE           PROGRAMS.—Notwith-

                                                                         3               standing any other provision of law, any premium
                                                                         4               assistance with respect to an assistance eligible indi-
                                                                         5               vidual under this subsection shall not be considered
                                                                         6               income, in-kind support, or resources for purposes of
                                                                         7               determining the eligibility of the recipient (or the re-
                                                                         8               cipient’s spouse or family) for benefits or assistance,
                                                                         9               or the amount or extent of benefits or assistance, or
                                                                       10                any other benefit provided under any Federal pro-
                                                                       11                gram or any program of a State or political subdivi-
                                                                       12                sion thereof financed in whole or in part with Fed-
                                                                       13                eral funds.
                                                                       14                         (7) COBRA-SPECIFIC NOTICE.—
                                                                       15                                  (A) GENERAL NOTICE.—
                                                                       16                                          (i) IN GENERAL.—In the case of no-
                                                                       17                                  tices provided under section 606(a)(4) of
                                                                       18                                  the Employee Retirement Income Security
                                                                       19                                  Act of 1974 (29 U.S.C. 1166(4)), section
                                                                       20                                  4980B(f)(6)(D) of the Internal Revenue
                                                                       21                                  Code of 1986, section 2206(4) of the Pub-
                                                                       22                                  lic Health Service Act (42 U.S.C. 300bb–
                                                                       23                                  6(4)), or section 8905a(f)(2)(A) of title 5,
                                                                       24                                  United States Code, with respect to indi-



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                                                                       25                                  viduals who, during the period described in


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                                                                         1                                 paragraph (3), become entitled to elect
                                                                         2                                 COBRA continuation coverage, the re-
                                                                         3                                 quirements of such provisions shall not be
                                                                         4                                 treated as met unless such notices include
                                                                         5                                 an additional notification to the recipient a
                                                                         6                                 written notice in clear and understandable
                                                                         7                                 language of—
                                                                         8                                                  (I) the availability of premium
                                                                         9                                         assistance with respect to such cov-
                                                                       10                                          erage under this subsection; and
                                                                       11                                                   (II) the option to enroll in dif-
                                                                       12                                          ferent coverage if the employer per-
                                                                       13                                          mits assistance eligible individuals de-
                                                                       14                                          scribed in paragraph (3)(A) to elect
                                                                       15                                          enrollment in different coverage (as
                                                                       16                                          described in paragraph (1)(B)).
                                                                       17                                          (ii) ALTERNATIVE                       NOTICE.—In      the
                                                                       18                                  case of COBRA continuation coverage to
                                                                       19                                  which the notice provision under such sec-
                                                                       20                                  tions does not apply, the Secretary of
                                                                       21                                  Labor, in consultation with the Secretary
                                                                       22                                  of the Treasury and the Secretary of
                                                                       23                                  Health and Human Services, shall, in con-
                                                                       24                                  sultation with administrators of the group



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                                                                       25                                  health plans (or other entities) that provide


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                                                                         1                                 or administer the COBRA continuation
                                                                         2                                 coverage involved, provide rules requiring
                                                                         3                                 the provision of such notice.
                                                                         4                                         (iii) FORM.—The requirement of the
                                                                         5                                 additional notification under this subpara-
                                                                         6                                 graph may be met by amendment of exist-
                                                                         7                                 ing notice forms or by inclusion of a sepa-
                                                                         8                                 rate document with the notice otherwise
                                                                         9                                 required.
                                                                       10                                  (B) SPECIFIC REQUIREMENTS.—Each ad-
                                                                       11                         ditional notification under subparagraph (A)
                                                                       12                         shall include—
                                                                       13                                          (i) the forms necessary for estab-
                                                                       14                                  lishing eligibility for premium assistance
                                                                       15                                  under this subsection;
                                                                       16                                          (ii) the name, address, and telephone
                                                                       17                                  number necessary to contact the plan ad-
                                                                       18                                  ministrator and any other person main-
                                                                       19                                  taining relevant information in connection
                                                                       20                                  with such premium assistance;
                                                                       21                                          (iii) a description of the extended elec-
                                                                       22                                  tion period provided for in paragraph
                                                                       23                                  (4)(A);
                                                                       24                                          (iv) a description of the obligation of



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                                                                       25                                  the qualified beneficiary under paragraph


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                                                                         1                                 (2)(B) and the penalty provided under sec-
                                                                         2                                 tion 6720C of the Internal Revenue Code
                                                                         3                                 of 1986 for failure to carry out the obliga-
                                                                         4                                 tion;
                                                                         5                                         (v) a description, displayed in a
                                                                         6                                 prominent manner, of the qualified bene-
                                                                         7                                 ficiary’s right to a reduced premium and
                                                                         8                                 any conditions on entitlement to the re-
                                                                         9                                 duced premium;
                                                                       10                                          (vi) a description of the option of the
                                                                       11                                  qualified beneficiary to enroll in different
                                                                       12                                  coverage if the employer permits such ben-
                                                                       13                                  eficiary to elect to enroll in such different
                                                                       14                                  coverage under paragraph (1)(B); and
                                                                       15                                          (vii) information regarding any Ex-
                                                                       16                                  change established under title I of the Pa-
                                                                       17                                  tient Protection and Affordable Care Act
                                                                       18                                  (42 U.S.C. 18001 et seq.) through which a
                                                                       19                                  qualified beneficiary may be eligible to en-
                                                                       20                                  roll in a qualified health plan, including—
                                                                       21                                                   (I) the publicly accessible inter-
                                                                       22                                          net website address for such Ex-
                                                                       23                                          change;
                                                                       24                                                   (II) the publicly accessible inter-



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                                                                       25                                          net website address for the Find


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                                                                         1                                         Local Help directory maintained by
                                                                         2                                         the        Department                  of       Health      and
                                                                         3                                         Human Services on the healthcare.gov
                                                                         4                                         internet           website            (or       a      successor
                                                                         5                                         website);
                                                                         6                                                  (III) a clear explanation that—
                                                                         7                                                           (aa) an individual who is eli-
                                                                         8                                                  gible for continuation coverage
                                                                         9                                                  may also be eligible to enroll,
                                                                       10                                                   with financial assistance, in a
                                                                       11                                                   qualified            health           plan      offered
                                                                       12                                                   through such Exchange, but, in
                                                                       13                                                   the case that such individual
                                                                       14                                                   elects to enroll in such continu-
                                                                       15                                                   ation coverage and subsequently
                                                                       16                                                   elects to terminate such continu-
                                                                       17                                                   ation coverage before the period
                                                                       18                                                   of such continuation coverage ex-
                                                                       19                                                   pires, such termination does not
                                                                       20                                                   initiate a special enrollment pe-
                                                                       21                                                   riod (absent a qualifying event
                                                                       22                                                   specified in section 603(2) of the
                                                                       23                                                   Employee Retirement Income Se-
                                                                       24                                                   curity Act of 1974 (29 U.S.C.



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                                                                       25                                                   1163(2)), section 4980B(f)(3)(B)


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                                                                         1                                                  of the Internal Revenue Code of
                                                                         2                                                  1986, section 2203(2) of the
                                                                         3                                                  Public Health Service Act (42
                                                                         4                                                  U.S.C. 300bb–3(2)), or section
                                                                         5                                                  8905a of title 5, United States
                                                                         6                                                  Code, with respect to such indi-
                                                                         7                                                  vidual); and
                                                                         8                                                           (bb) an individual who elects
                                                                         9                                                  to enroll in continuation coverage
                                                                       10                                                   will remain eligible to enroll in a
                                                                       11                                                   qualified            health           plan     offered
                                                                       12                                                   through such Exchange during
                                                                       13                                                   an open enrollment period and
                                                                       14                                                   may be eligible for financial as-
                                                                       15                                                   sistance with respect to enrolling
                                                                       16                                                   in such a qualified health plan;
                                                                       17                                                   (IV) information on consumer
                                                                       18                                          protections with respect to enrolling in
                                                                       19                                          a      qualified             health            plan     offered
                                                                       20                                          through such Exchange, including the
                                                                       21                                          requirement                for       such         a    qualified
                                                                       22                                          health plan to provide coverage for es-
                                                                       23                                          sential health benefits (as defined in
                                                                       24                                          section 1302(b) of such Act (42



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                                                                       25                                          U.S.C. 18022(b))) and the require-


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                                                                         1                                         ments applicable to such a qualified
                                                                         2                                         health plan under part A of title
                                                                         3                                         XXVII of the Public Health Service
                                                                         4                                         Act (42 U.S.C. 300gg et seq.);
                                                                         5                                                  (V) information on the avail-
                                                                         6                                         ability of financial assistance with re-
                                                                         7                                         spect to enrolling in a qualified health
                                                                         8                                         plan, including the maximum income
                                                                         9                                         limit for eligibility for the premium
                                                                       10                                          tax credit under section 36B of the
                                                                       11                                          Internal Revenue Code of 1986; and
                                                                       12                                                   (VI) information on any special
                                                                       13                                          enrollment periods during which any
                                                                       14                                          assistance eligible individual described
                                                                       15                                          in paragraph (3)(A)(i) may be eligible
                                                                       16                                          to enroll, with financial assistance, in
                                                                       17                                          a      qualified             health            plan    offered
                                                                       18                                          through such Exchange (including a
                                                                       19                                          special enrollment period for which an
                                                                       20                                          individual may be eligible due to the
                                                                       21                                          expiration of premium assistance pur-
                                                                       22                                          suant to a limitation specified under
                                                                       23                                          paragraph (2)(A)).
                                                                       24                                  (C) NOTICE                IN CONNECTION WITH EX-




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                                                                       25                         TENDED ELECTION PERIODS.—In                                        the case of


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                                                                         1                        any assistance eligible individual described in
                                                                         2                        paragraph (3)(A) (or any individual described
                                                                         3                        in paragraph (4)(A)) who became entitled to
                                                                         4                        elect COBRA continuation coverage before the
                                                                         5                        date of the enactment of this Act, the adminis-
                                                                         6                        trator of the applicable group health plan (or
                                                                         7                        other entity) shall provide (within 60 days after
                                                                         8                        the date of enactment of this Act) for the addi-
                                                                         9                        tional notification required to be provided under
                                                                       10                         subparagraph (A) and failure to provide such
                                                                       11                         notice shall be treated as a failure to meet the
                                                                       12                         notice         requirements                  under          the         applicable
                                                                       13                         COBRA continuation provision.
                                                                       14                                  (D) MODEL NOTICES.—Not later than 30
                                                                       15                         days after the date of enactment of this Act,
                                                                       16                         with respect to any assistance eligible individual
                                                                       17                         described in paragraph (3)(A)—
                                                                       18                                          (i) the Secretary of Labor, in con-
                                                                       19                                  sultation with the Secretary of the Treas-
                                                                       20                                  ury and the Secretary of Health and
                                                                       21                                  Human Services, shall prescribe models for
                                                                       22                                  the additional notification required under
                                                                       23                                  this paragraph (other than the additional
                                                                       24                                  notification described in clause (ii)); and



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                                                                         1                                         (ii) in the case of any additional noti-
                                                                         2                                 fication provided pursuant to subpara-
                                                                         3                                 graph (A) under section 8905a(f)(2)(A) of
                                                                         4                                 title 5, United States Code, the Office of
                                                                         5                                 Personnel Management shall prescribe a
                                                                         6                                 model for such additional notification.
                                                                         7                        (8) FURLOUGH-SPECIFIC NOTICE.—
                                                                         8                                 (A) IN GENERAL.—With respect to any as-
                                                                         9                        sistance eligible individual described in para-
                                                                       10                         graph (3)(B) who, during the period described
                                                                       11                         in such paragraph, becomes eligible for assist-
                                                                       12                         ance pursuant to paragraph (1)(A)(ii), the re-
                                                                       13                         quirements of section 606(a)(4) of the Em-
                                                                       14                         ployee Retirement Income Security Act of 1974
                                                                       15                         (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of
                                                                       16                         the Internal Revenue Code of 1986, section
                                                                       17                         2206(4) of the Public Health Service Act (42
                                                                       18                         U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A)
                                                                       19                         of title 5, United States Code, shall not be
                                                                       20                         treated as met unless the group health plan ad-
                                                                       21                         ministrator, in accordance with the timing re-
                                                                       22                         quirement specified under subparagraph (B),
                                                                       23                         provides to the individual a written notice in
                                                                       24                         clear and understandable language of—



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                                                                         1                                         (i) the availability of premium assist-
                                                                         2                                 ance with respect to such coverage under
                                                                         3                                 this subsection;
                                                                         4                                         (ii) the option of the qualified bene-
                                                                         5                                 ficiary to enroll in different coverage if the
                                                                         6                                 employer permits such beneficiary to elect
                                                                         7                                 to enroll in such different coverage under
                                                                         8                                 paragraph (1)(B); and
                                                                         9                                         (iii) the information specified under
                                                                       10                                  paragraph (7)(B) (as applicable).
                                                                       11                                  (B) TIMING SPECIFIED.—For purposes of
                                                                       12                         subparagraph (A), the timing requirement spec-
                                                                       13                         ified in this subparagraph is—
                                                                       14                                          (i) with respect to such an individual
                                                                       15                                  who is within a furlough period during the
                                                                       16                                  period beginning on March 1, 2020, and
                                                                       17                                  ending on the date of the enactment of this
                                                                       18                                  Act, 30 days after the date of such enact-
                                                                       19                                  ment; and
                                                                       20                                          (ii) with respect to such an individual
                                                                       21                                  who is within a furlough period during the
                                                                       22                                  period beginning on the first day after the
                                                                       23                                  date of the enactment of this Act and end-
                                                                       24                                  ing on January 31, 2021, 30 days after



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                                                                                                                              25
                                                                         1                                 the date of the beginning of such furlough
                                                                         2                                 period.
                                                                         3                                 (C) MODEL NOTICES.—Not later than 30
                                                                         4                        days after the date of enactment of this Act,
                                                                         5                        with respect to any assistance eligible individual
                                                                         6                        described in paragraph (3)(B)—
                                                                         7                                         (i) the Secretary of Labor, in con-
                                                                         8                                 sultation with the Secretary of the Treas-
                                                                         9                                 ury and the Secretary of Health and
                                                                       10                                  Human Services, shall prescribe models for
                                                                       11                                  the notification required under this para-
                                                                       12                                  graph (other than the notification de-
                                                                       13                                  scribed in clause (ii)); and
                                                                       14                                          (ii) in the case of any notification pro-
                                                                       15                                  vided pursuant to subparagraph (A) under
                                                                       16                                  section 8905a(f)(2)(A) of title 5, United
                                                                       17                                  States Code, the Office of Personnel Man-
                                                                       18                                  agement shall prescribe a model for such
                                                                       19                                  notification.
                                                                       20                         (9) NOTICE OF EXPIRATION OF PERIOD OF
                                                                       21                PREMIUM ASSISTANCE.—

                                                                       22                                  (A) IN GENERAL.—With respect to any as-
                                                                       23                         sistance eligible individual, subject to subpara-
                                                                       24                         graph          (B),        the        requirements                  of   section



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                                                                       25                         606(a)(4) of the Employee Retirement Income


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                                                                         1                        Security Act of 1974 (29 U.S.C. 1166(4)), sec-
                                                                         2                        tion 4980B(f)(6)(D) of the Internal Revenue
                                                                         3                        Code of 1986, section 2206(4) of the Public
                                                                         4                        Health Service Act (42 U.S.C. 300bb–6(4)), or
                                                                         5                        section 8905a(f)(2)(A) of title 5, United States
                                                                         6                        Code, shall not be treated as met unless the
                                                                         7                        employer of the individual, during the period
                                                                         8                        specified under subparagraph (C), provides to
                                                                         9                        such individual a written notice in clear and un-
                                                                       10                         derstandable language—
                                                                       11                                          (i) that the premium assistance for
                                                                       12                                  such individual will expire soon and the
                                                                       13                                  prominent identification of the date of
                                                                       14                                  such expiration;
                                                                       15                                          (ii) that such individual may be eligi-
                                                                       16                                  ble for coverage without any premium as-
                                                                       17                                  sistance through—
                                                                       18                                                   (I) COBRA continuation cov-
                                                                       19                                          erage; or
                                                                       20                                                   (II) coverage under a group
                                                                       21                                          health plan;
                                                                       22                                          (iii) that the expiration of premium
                                                                       23                                  assistance is treated as a qualifying event
                                                                       24                                  for which any assistance eligible individual



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                                                                       25                                  is eligible to enroll in a qualified health


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                                                                         1                                 plan offered through an Exchange under
                                                                         2                                 title I of such Act (42 U.S.C. 18001 et
                                                                         3                                 seq.) during a special enrollment period;
                                                                         4                                 and
                                                                         5                                         (iv) the information specified in para-
                                                                         6                                 graph (7)(B)(vii).
                                                                         7                                 (B) EXCEPTION.—The requirement for the
                                                                         8                        group health plan administrator to provide the
                                                                         9                        written notice under subparagraph (A) shall be
                                                                       10                         waived in the case the premium assistance for
                                                                       11                         such individual expires pursuant to clause (i)(I)
                                                                       12                         or (ii)(I) of paragraph (2)(A).
                                                                       13                                  (C) PERIOD SPECIFIED.—For purposes of
                                                                       14                         subparagraph (A), the period specified in this
                                                                       15                         subparagraph is, with respect to the date of ex-
                                                                       16                         piration of premium assistance for any assist-
                                                                       17                         ance eligible individual pursuant to a limitation
                                                                       18                         requiring a notice under this paragraph, the pe-
                                                                       19                         riod beginning on the day that is 45 days before
                                                                       20                         the date of such expiration and ending on the
                                                                       21                         day that is 15 days before the date of such ex-
                                                                       22                         piration.
                                                                       23                                  (D) MODEL NOTICES.—Not later than 30
                                                                       24                         days after the date of enactment of this Act,



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                                                                         1                        with respect to any assistance eligible indi-
                                                                         2                        vidual—
                                                                         3                                         (i) the Secretary of Labor, in con-
                                                                         4                                 sultation with the Secretary of the Treas-
                                                                         5                                 ury and the Secretary of Health and
                                                                         6                                 Human Services, shall prescribe models for
                                                                         7                                 the notification required under this para-
                                                                         8                                 graph (other than the notification de-
                                                                         9                                 scribed in clause (ii)); and
                                                                       10                                          (ii) in the case of any notification pro-
                                                                       11                                  vided pursuant to subparagraph (A) under
                                                                       12                                  section 8905a(f)(2)(A) of title 5, United
                                                                       13                                  States Code, the Office of Personnel Man-
                                                                       14                                  agement shall prescribe a model for such
                                                                       15                                  notification.
                                                                       16                         (10) REGULATIONS.—The Secretary of the
                                                                       17                Treasury and the Secretary of Labor may jointly
                                                                       18                prescribe such regulations or other guidance as may
                                                                       19                be necessary or appropriate to carry out the provi-
                                                                       20                sions of this subsection, including the prevention of
                                                                       21                fraud and abuse under this subsection, except that
                                                                       22                the Secretary of Labor and the Secretary of Health
                                                                       23                and Human Services may prescribe such regulations
                                                                       24                (including interim final regulations) or other guid-



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                                                                       25                ance as may be necessary or appropriate to carry


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                                                                         1               out the provisions of paragraphs (5), (7), (8), (9),
                                                                         2               and (11).
                                                                         3                        (11) OUTREACH.—
                                                                         4                                 (A)         IN     GENERAL.—The                        Secretary   of
                                                                         5                        Labor, in consultation with the Secretary of the
                                                                         6                        Treasury and the Secretary of Health and
                                                                         7                        Human Services, shall provide outreach con-
                                                                         8                        sisting of public education and enrollment as-
                                                                         9                        sistance relating to premium assistance pro-
                                                                       10                         vided under this subsection. Such outreach shall
                                                                       11                         target employers, group health plan administra-
                                                                       12                         tors, public assistance programs, States, insur-
                                                                       13                         ers, and other entities as determined appro-
                                                                       14                         priate by such Secretaries. Such outreach shall
                                                                       15                         include an initial focus on those individuals
                                                                       16                         electing continuation coverage who are referred
                                                                       17                         to in paragraph (7)(C). Information on such
                                                                       18                         premium assistance, including enrollment, shall
                                                                       19                         also be made available on websites of the De-
                                                                       20                         partments of Labor, Treasury, and Health and
                                                                       21                         Human Services.
                                                                       22                                  (B) ENROLLMENT                         UNDER            MEDICARE.—

                                                                       23                         The Secretary of Health and Human Services
                                                                       24                         shall provide outreach consisting of public edu-



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                                                                       25                         cation. Such outreach shall target individuals


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                                                                         1                        who lose health insurance coverage. Such out-
                                                                         2                        reach shall include information regarding en-
                                                                         3                        rollment for benefits under title XVIII of the
                                                                         4                        Social Security Act (42 U.S.C. 1395 et seq.) for
                                                                         5                        purposes of preventing mistaken delays of such
                                                                         6                        enrollment by such individuals, including life-
                                                                         7                        time penalties for failure of timely enrollment.
                                                                         8                        (12) DEFINITIONS.—For purposes of this sec-
                                                                         9               tion:
                                                                       10                                  (A) ADMINISTRATOR.—The term ‘‘admin-
                                                                       11                         istrator’’ has the meaning given such term in
                                                                       12                         section 3(16)(A) of the Employee Retirement
                                                                       13                         Income Security Act of 1974.
                                                                       14                                  (B) COBRA CONTINUATION COVERAGE.—
                                                                       15                         The term ‘‘COBRA continuation coverage’’
                                                                       16                         means continuation coverage provided pursuant
                                                                       17                         to part 6 of subtitle B of title I of the Em-
                                                                       18                         ployee Retirement Income Security Act of 1974
                                                                       19                         (other than under section 609), title XXII of
                                                                       20                         the Public Health Service Act, section 4980B of
                                                                       21                         the Internal Revenue Code of 1986 (other than
                                                                       22                         subsection (f)(1) of such section insofar as it
                                                                       23                         relates to pediatric vaccines), or section 8905a
                                                                       24                         of title 5, United States Code, or under a State



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                                                                       25                         program that provides comparable continuation


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                                                                         1                        coverage. Such term does not include coverage
                                                                         2                        under a health flexible spending arrangement
                                                                         3                        under a cafeteria plan within the meaning of
                                                                         4                        section 125 of the Internal Revenue Code of
                                                                         5                        1986.
                                                                         6                                 (C) COBRA CONTINUATION PROVISION.—
                                                                         7                        The term ‘‘COBRA continuation provision’’
                                                                         8                        means the provisions of law described in sub-
                                                                         9                        paragraph (B).
                                                                       10                                  (D)         COVERED                EMPLOYEE.—The               term
                                                                       11                         ‘‘covered employee’’ has the meaning given such
                                                                       12                         term in section 607(2) of the Employee Retire-
                                                                       13                         ment Income Security Act of 1974.
                                                                       14                                  (E) QUALIFIED BENEFICIARY.—The term
                                                                       15                         ‘‘qualified beneficiary’’ has the meaning given
                                                                       16                         such term in section 607(3) of the Employee
                                                                       17                         Retirement Income Security Act of 1974.
                                                                       18                                  (F) GROUP                 HEALTH             PLAN.—The         term
                                                                       19                         ‘‘group health plan’’ has the meaning given
                                                                       20                         such term in section 607(1) of the Employee
                                                                       21                         Retirement Income Security Act of 1974.
                                                                       22                                  (G) STATE.—The term ‘‘State’’ includes
                                                                       23                         the District of Columbia, the Commonwealth of
                                                                       24                         Puerto Rico, the Virgin Islands, Guam, Amer-



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                                                                         1                        ican Samoa, and the Commonwealth of the
                                                                         2                        Northern Mariana Islands.
                                                                         3                                 (H) PERIOD                  OF       COVERAGE.—Any                   ref-
                                                                         4                        erence in this subsection to a period of coverage
                                                                         5                        shall be treated as a reference to a monthly or
                                                                         6                        shorter period of coverage with respect to which
                                                                         7                        premiums are charged with respect to such cov-
                                                                         8                        erage.
                                                                         9                                 (I) PLAN               SPONSOR.—The                      term ‘‘plan
                                                                       10                         sponsor’’ has the meaning given such term in
                                                                       11                         section 3(16)(B) of the Employee Retirement
                                                                       12                         Income Security Act of 1974.
                                                                       13                                  (J) FURLOUGH PERIOD.—
                                                                       14                                          (i) IN GENERAL.—The term ‘‘furlough
                                                                       15                                  period’’ means, with respect to an indi-
                                                                       16                                  vidual and an employer of such individual,
                                                                       17                                  a period—
                                                                       18                                                   (I)       beginning             with          the   first
                                                                       19                                          month beginning on or after March 1,
                                                                       20                                          2020, and before January 31, 2021,
                                                                       21                                          during which such individual’s em-
                                                                       22                                          ployer reduces such individual’s work
                                                                       23                                          hours (due to a lack of work, funds,
                                                                       24                                          or other nondisciplinary reason) to an



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                                                                         1                                         amount that is less than 70 percent of
                                                                         2                                         the base month amount; and
                                                                         3                                                  (II) ending with the earlier of—
                                                                         4                                                           (aa) the first month begin-
                                                                         5                                                  ning after January 31, 2021; or
                                                                         6                                                           (bb) the month following the
                                                                         7                                                  first month during which work
                                                                         8                                                  hours of such employee are great-
                                                                         9                                                  er than 80 percent of work hours
                                                                       10                                                   of the base month amount.
                                                                       11                                          (ii) BASE MONTH AMOUNT.—For pur-
                                                                       12                                  poses of clause (i), the term ‘‘base month
                                                                       13                                  amount’’ means, with respect to an indi-
                                                                       14                                  vidual and an employer of such individual,
                                                                       15                                  the greater of—
                                                                       16                                                   (I) such individual’s work hours
                                                                       17                                          in the month prior (or in the case
                                                                       18                                          such individual had no work hours in
                                                                       19                                          the month prior and had work hours
                                                                       20                                          in the 3 months prior, the last month
                                                                       21                                          with work hours within the prior 3
                                                                       22                                          months); and
                                                                       23                                                   (II) such individual’s work hours
                                                                       24                                          during the period beginning January



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                                                                         1                                         1, 2020, and ending January 31,
                                                                         2                                         2020.
                                                                         3                        (13) REPORTS.—
                                                                         4                                 (A) INTERIM REPORT.—The Secretary of
                                                                         5                        the Treasury and the Secretary of Labor shall
                                                                         6                        jointly submit an interim report to the Com-
                                                                         7                        mittee on Education and Labor, the Committee
                                                                         8                        on Ways and Means, and the Committee on En-
                                                                         9                        ergy and Commerce of the House of Represent-
                                                                       10                         atives and the Committee on Health, Edu-
                                                                       11                         cation, Labor, and Pensions and the Committee
                                                                       12                         on Finance of the Senate regarding the pre-
                                                                       13                         mium assistance provided under this subsection
                                                                       14                         that includes—
                                                                       15                                          (i) the number of individuals provided
                                                                       16                                  such assistance as of the date of the re-
                                                                       17                                  port; and
                                                                       18                                          (ii) the total amount of expenditures
                                                                       19                                  incurred (with administrative expenditures
                                                                       20                                  noted separately) in connection with such
                                                                       21                                  assistance as of the date of the report.
                                                                       22                                  (B) FINAL               REPORT.—As                     soon as prac-
                                                                       23                         ticable after the last period of COBRA continu-
                                                                       24                         ation coverage for which premium assistance is



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                                                                       25                         provided under this section, the Secretary of the


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                                                                         1                        Treasury and the Secretary of Labor shall
                                                                         2                        jointly submit a final report to each Committee
                                                                         3                        referred to in subparagraph (A) that includes—
                                                                         4                                         (i) the number of individuals provided
                                                                         5                                 premium assistance under this section;
                                                                         6                                         (ii)       the        average             dollar       amount
                                                                         7                                 (monthly and annually) of premium assist-
                                                                         8                                 ance provided to such individuals; and
                                                                         9                                         (iii) the total amount of expenditures
                                                                       10                                  incurred (with administrative expenditures
                                                                       11                                  noted separately) in connection with pre-
                                                                       12                                  mium assistance under this section.
                                                                       13                         (14) COBRA PREMIUM ASSISTANCE.—
                                                                       14                                  (A) IN GENERAL.—Subchapter B of chap-
                                                                       15                         ter 65 of the Internal Revenue Code of 1986 is
                                                                       16                         amended by adding at the end the following
                                                                       17                         new section:
                                                                       18      ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST-

                                                                       19                              ANCE.

                                                                       20                ‘‘(a) IN GENERAL.—The person to whom premiums
                                                                       21 are payable for continuation coverage under section
                                                                       22 2(a)(1) of the Worker Health Coverage Protection Act
                                                                       23 shall be allowed as a credit against the tax imposed by
                                                                       24 section 3111(a), or so much of the taxes imposed under



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                                                                         1 under section 3111(a), for each calendar quarter an
                                                                         2 amount equal to the premiums not paid by assistance eligi-
                                                                         3 ble individuals for such coverage by reason of such section
                                                                         4 2(a)(1) with respect to such calendar quarter.
                                                                         5               ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.—
                                                                         6 For purposes of subsection (a), except as otherwise pro-
                                                                         7 vided by the Secretary, the person to whom premiums are
                                                                         8 payable under such continuation coverage shall be treated
                                                                         9 as being—
                                                                       10                         ‘‘(1) in the case of any group health plan which
                                                                       11                is a multiemployer plan (as defined in section 3(37)
                                                                       12                of the Employee Retirement Income Security Act of
                                                                       13                1974), the plan,
                                                                       14                         ‘‘(2) in the case of any group health plan not
                                                                       15                described in paragraph (1)—
                                                                       16                                  ‘‘(A) which provides furlough continuation
                                                                       17                         coverage described in section 2(a)(1)(A)(ii) of
                                                                       18                         the Worker Health Coverage Protection Act or
                                                                       19                         subject to the COBRA continuation provisions
                                                                       20                         contained in—
                                                                       21                                          ‘‘(i) this title,
                                                                       22                                          ‘‘(ii) the Employee Retirement Income
                                                                       23                                  Security Act of 1974,
                                                                       24                                          ‘‘(iii) the Public Health Service Act,



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                                                                         1                                         ‘‘(iv) title 5, United States Code, or
                                                                         2                                 ‘‘(B) under which some or all of the cov-
                                                                         3                        erage is not provided by insurance,
                                                                         4               the employer maintaining the plan, and
                                                                         5                        ‘‘(3) in the case of any group health plan not
                                                                         6               described in paragraph (1) or (2), the insurer pro-
                                                                         7               viding the coverage under the group health plan.
                                                                         8               ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
                                                                         9                        ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-
                                                                       10                MENT TAXES.—The credit allowed by subsection (a)

                                                                       11                with respect to any calendar quarter shall not exceed
                                                                       12                the tax imposed by section 3111(a), or so much of
                                                                       13                the taxes imposed under section 3221(a) as are at-
                                                                       14                tributable to the rate in effect under section
                                                                       15                3111(a), for such calendar quarter (reduced by any
                                                                       16                credits allowed under subsections (e) and (f) of sec-
                                                                       17                tion 3111, sections 7001 and 7003 of the Families
                                                                       18                First Coronavirus Response Act, section 2301 of the
                                                                       19                CARES Act, and sections 20204 and 20212 of the
                                                                       20                COVID–19 Tax Relief Act of 2020 for such quarter)
                                                                       21                on the wages paid with respect to the employment
                                                                       22                of all employees of the employer.
                                                                       23                         ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
                                                                       24                                  ‘‘(A) CREDIT                         REFUNDABLE.—If            the



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                                                                         1                        ceeds the limitation of paragraph (1) for any
                                                                         2                        calendar quarter, such excess shall be treated
                                                                         3                        as an overpayment that shall be refunded under
                                                                         4                        sections 6402(a) and 6413(b).
                                                                         5                                 ‘‘(B) CREDIT MAY BE ADVANCED.—In an-
                                                                         6                        ticipation of the credit, including the refundable
                                                                         7                        portion under subparagraph (A), the credit may
                                                                         8                        be advanced, according to forms and instruc-
                                                                         9                        tions provided by the Secretary, up to an
                                                                       10                         amount calculated under subsection (a) through
                                                                       11                         the end of the most recent payroll period in the
                                                                       12                         quarter.
                                                                       13                                  ‘‘(C)       TREATMENT                   OF       DEPOSITS.—The

                                                                       14                         Secretary shall waive any penalty under section
                                                                       15                         6656 for any failure to make a deposit of the
                                                                       16                         tax imposed by section 3111(a), or so much of
                                                                       17                         the taxes imposed under section 3221(a) as are
                                                                       18                         attributable to the rate in effect under section
                                                                       19                         3111(a), if the Secretary determines that such
                                                                       20                         failure was due to the anticipation of the credit
                                                                       21                         allowed under this section.
                                                                       22                                  ‘‘(D) TREATMENT                        OF       PAYMENTS.—For

                                                                       23                         purposes of section 1324 of title 31, United
                                                                       24                         States Code, any amounts due to an employer



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                                                                         1                        same manner as a refund due from a credit
                                                                         2                        provision referred to in subsection (b)(2) of
                                                                         3                        such section.
                                                                         4                        ‘‘(3) LIMITATION                     ON       REIMBURSEMENT             FOR

                                                                         5               FURLOUGHED EMPLOYEES.—In the case of an indi-

                                                                         6               vidual who for any month is an assistance eligible
                                                                         7               individual described in section 2(a)(3)(B) of the
                                                                         8               Worker Health Coverage Protection Act with respect
                                                                         9               to any coverage, the credit determined with respect
                                                                       10                to such individual under subsection (a) for any such
                                                                       11                month ending during a calendar quarter shall not
                                                                       12                exceed the amount of premium the individual would
                                                                       13                have paid for a full month of such coverage for the
                                                                       14                month preceding the first month for which an indi-
                                                                       15                vidual is such an assistance eligible individual.
                                                                       16                ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of
                                                                       17 this section, the term ‘person’ includes any governmental
                                                                       18 entity or Indian tribal government (as defined in section
                                                                       19 139E(c)(1)).
                                                                       20                ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes
                                                                       21 of chapter 1, the gross income of any person allowed a
                                                                       22 credit under this section shall be increased for the taxable
                                                                       23 year which includes the last day of any calendar quarter
                                                                       24 with respect to which such credit is allowed by the amount



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                                                                         1 under this section shall be taken into account as qualified
                                                                         2 wages under section 2301 of the CARES Act or as quali-
                                                                         3 fied health plan expenses under section 7001(d) or
                                                                         4 7003(d) of the Families First Coronavirus Response Act.
                                                                         5               ‘‘(f) REPORTING.—Each person entitled to reim-
                                                                         6 bursement under subsection (a) for any period shall sub-
                                                                         7 mit such reports (at such time and in such manner) as
                                                                         8 the Secretary may require, including—
                                                                         9                        ‘‘(1) an attestation of involuntary termination
                                                                       10                of employment, reduction of hours, or furloughing,
                                                                       11                for each assistance eligible individual on the basis of
                                                                       12                whose termination, reduction of hours, or fur-
                                                                       13                loughing entitlement to reimbursement is claimed
                                                                       14                under subsection (a),
                                                                       15                         ‘‘(2) a report of the amount of payroll taxes off-
                                                                       16                set under subsection (a) for the reporting period,
                                                                       17                and
                                                                       18                         ‘‘(3) a report containing the TINs of all covered
                                                                       19                employees, the amount of subsidy reimbursed with
                                                                       20                respect to each employee, and a designation with re-
                                                                       21                spect to each employee as to whether the subsidy re-
                                                                       22                imbursement is for coverage of 1 individual or 2 or
                                                                       23                more individuals.




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                                                                         1               ‘‘(g) REGULATIONS.—The Secretary shall issue such
                                                                         2 regulations or other guidance as may be necessary or ap-
                                                                         3 propriate to carry out this section, including—
                                                                         4                        ‘‘(1) the requirement to report information or
                                                                         5               the establishment of other methods for verifying the
                                                                         6               correct amounts of reimbursements under this sec-
                                                                         7               tion,
                                                                         8                        ‘‘(2) the application of this section to group
                                                                         9               health plans that are multiemployer plans (as de-
                                                                       10                fined in section 3(37) of the Employee Retirement
                                                                       11                Income Security Act of 1974),
                                                                       12                         ‘‘(3) to allow the advance payment of the credit
                                                                       13                determined under subsection (a), subject to the limi-
                                                                       14                tations provided in this section, based on such infor-
                                                                       15                mation as the Secretary shall require,
                                                                       16                         ‘‘(4) to provide for the reconciliation of such
                                                                       17                advance payment with the amount of the credit at
                                                                       18                the time of filing the return of tax for the applicable
                                                                       19                quarter or taxable year, and
                                                                       20                         ‘‘(5) with respect to the application of the cred-
                                                                       21                it to third party payors (including professional em-
                                                                       22                ployer organizations, certified professional employer
                                                                       23                organizations, or agents under section 3504).’’.
                                                                       24                                  (B) SOCIAL SECURITY TRUST FUNDS HELD



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                                                                       25                         HARMLESS.—There are hereby appropriated to



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                                                                         1                        the Federal Old-Age and Survivors Insurance
                                                                         2                        Trust Fund and the Federal Disability Insur-
                                                                         3                        ance Trust Fund established under section 201
                                                                         4                        of the Social Security Act (42 U.S.C. 401) and
                                                                         5                        the Social Security Equivalent Benefit Account
                                                                         6                        established under section 15A(a) of the Rail-
                                                                         7                        road Retirement Act of 1974 (45 U.S.C. 231n–
                                                                         8                        1(a)) amounts equal to the reduction in reve-
                                                                         9                        nues to the Treasury by reason of this section
                                                                       10                         (without             regard           to        this            subparagraph).
                                                                       11                         Amounts appropriated by the preceding sen-
                                                                       12                         tence shall be transferred from the general fund
                                                                       13                         at such times and in such manner as to rep-
                                                                       14                         licate to the extent possible the transfers which
                                                                       15                         would have occurred to such Trust Fund or Ac-
                                                                       16                         count had this section not been enacted.
                                                                       17                                  (C) CLERICAL AMENDMENT.—The table of
                                                                       18                         sections for subchapter B of chapter 65 of the
                                                                       19                         Internal Revenue Code of 1986 is amended by
                                                                       20                         adding at the end the following new item:
                                                                               ‘‘Sec. 6432. Continuation coverage premium assistance.’’.

                                                                       21                                  (D) EFFECTIVE DATE.—The amendments
                                                                       22                         made by this paragraph shall apply to pre-
                                                                       23                         miums to which paragraph (1)(A) applies.




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                                                                         1                                 (E) SPECIAL RULE IN CASE OF EMPLOYEE
                                                                         2                        PAYMENT THAT IS NOT REQUIRED UNDER THIS

                                                                         3                        SECTION.—

                                                                         4                                         (i) IN GENERAL.—In the case of an
                                                                         5                                 assistance eligible individual who pays,
                                                                         6                                 with respect any period of coverage to
                                                                         7                                 which         paragraph                (1)(A)           applies,   the
                                                                         8                                 amount of the premium for such coverage
                                                                         9                                 that the individual would have (but for this
                                                                       10                                  Act) been required to pay, the person to
                                                                       11                                  whom such payment is payable shall reim-
                                                                       12                                  burse such individual for the amount of
                                                                       13                                  such premium paid.
                                                                       14                                          (ii) CREDIT OF REIMBURSEMENT.—A
                                                                       15                                  person to which clause (i) applies shall be
                                                                       16                                  allowed a credit in the manner provided
                                                                       17                                  under section 6432 of the Internal Rev-
                                                                       18                                  enue Code of 1986 for any payment made
                                                                       19                                  to the employee under such clause.
                                                                       20                                          (iii) PAYMENT                     OF       CREDITS.—Any

                                                                       21                                  person to which clause (i) applies shall
                                                                       22                                  make the payment required under such
                                                                       23                                  clause to the individual not later than 60
                                                                       24                                  days after the date on which such indi-



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                                                                         1                                 vidual elects continuation coverage under
                                                                         2                                 paragraph (1).
                                                                         3                        (15) PENALTY                     FOR          FAILURE             TO    NOTIFY

                                                                         4               HEALTH PLAN OF CESSATION OF ELIGIBILITY FOR

                                                                         5               PREMIUM ASSISTANCE.—

                                                                         6                                 (A) IN GENERAL.—Part I of subchapter B
                                                                         7                        of chapter 68 of the Internal Revenue Code of
                                                                         8                        1986 is amended by adding at the end the fol-
                                                                         9                        lowing new section:
                                                                       10      ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH

                                                                       11                              PLAN OF CESSATION OF ELIGIBILITY FOR

                                                                       12                              CONTINUATION COVERAGE PREMIUM ASSIST-

                                                                       13                              ANCE.

                                                                       14                ‘‘(a) IN GENERAL.—Except in the case of failure de-
                                                                       15 scribed in subsection (b) or (c), any person required to
                                                                       16 notify a group health plan under section 2(a)(2)(B) of the
                                                                       17 Worker Health Coverage Protection Act who fails to make
                                                                       18 such a notification at such time and in such manner as
                                                                       19 the Secretary of Labor may require shall pay a penalty
                                                                       20 of $250.
                                                                       21                ‘‘(b) INTENTIONAL FAILURE.—In the case of any
                                                                       22 such failure that is fraudulent, such person shall pay a
                                                                       23 penalty equal to the greater of—
                                                                       24                         ‘‘(1) $250, or



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                                                                         1                        ‘‘(2) 110 percent of the premium assistance
                                                                         2               provided under section 2(a)(1)(A) of such Act after
                                                                         3               termination of eligibility under such section.
                                                                         4               ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty
                                                                         5 shall be imposed under this section with respect to any
                                                                         6 failure if it is shown that such failure is due to reasonable
                                                                         7 cause and not to willful neglect.’’.
                                                                         8                                 (B) CLERICAL AMENDMENT.—The table of
                                                                         9                        sections of part I of subchapter B of chapter 68
                                                                       10                         of such Code is amended by adding at the end
                                                                       11                         the following new item:
                                                                               ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility
                                                                                               for continuation coverage premium assistance.’’.

                                                                       12                         (16) COORDINATION WITH HCTC.—
                                                                       13                                  (A) IN GENERAL.—Section 35(g)(9) of the
                                                                       14                         Internal Revenue Code of 1986 is amended to
                                                                       15                         read as follows:
                                                                       16                         ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-
                                                                       17                SISTANCE.—In the case of an assistance eligible in-

                                                                       18                dividual who receives premium assistance for con-
                                                                       19                tinuation coverage under section 2(a)(1) of the
                                                                       20                Worker Health Coverage Protection Act for any
                                                                       21                month during the taxable year, such individual shall
                                                                       22                not be treated as an eligible individual, a certified




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                                                                       23                individual, or a qualifying family member for pur-



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                                                                         1               poses of this section or section 7527 with respect to
                                                                         2               such month.’’.
                                                                         3                                 (B) EFFECTIVE DATE.—The amendment
                                                                         4                        made by subparagraph (A) shall apply to tax-
                                                                         5                        able years ending after the date of the enact-
                                                                         6                        ment of this Act.
                                                                         7                        (17) EXCLUSION OF CONTINUATION COVERAGE
                                                                         8               PREMIUM ASSISTANCE FROM GROSS INCOME.—

                                                                         9                                 (A) IN GENERAL.—Part III of subchapter
                                                                       10                         B of chapter 1 of the Internal Revenue Code of
                                                                       11                         1986 is amended by inserting after section
                                                                       12                         139H the following new section:
                                                                       13      ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST-

                                                                       14                              ANCE.

                                                                       15                ‘‘In the case of an assistance eligible individual (as
                                                                       16 defined in subsection (a)(3) of section 2 of the Worker
                                                                       17 Health Coverage Protection Act), gross income does not
                                                                       18 include any premium assistance provided under subsection
                                                                       19 (a)(1) of such section.’’.
                                                                       20                                  (B) CLERICAL AMENDMENT.—The table of
                                                                       21                         sections for part III of subchapter B of chapter
                                                                       22                         1 of such Code is amended by inserting after
                                                                       23                         the item relating to section 139H the following
                                                                       24                         new item:



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                                                                               ‘‘Sec. 139I. Continuation coverage premium assistance.’’.




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                                                                         1                                 (C) EFFECTIVE DATE.—The amendments
                                                                         2                        made by this paragraph shall apply to taxable
                                                                         3                        years ending after the date of the enactment of
                                                                         4                        this Act.
                                                                         5                        (18) DEADLINES                        WITH          RESPECT             TO   NO-

                                                                         6               TICES.—Notwithstanding                           section 518 of the Em-
                                                                         7               ployee Retirement Income Security Act of 1974 (29
                                                                         8               U.S.C. 1148) and section 7508A of the Internal
                                                                         9               Revenue Code of 1986, the Secretary of Labor and
                                                                       10                the Secretary of the Treasury, respectively, may not
                                                                       11                waive or extend any deadline with respect to the pro-
                                                                       12                vision of notices described in paragraphs (7), (8),
                                                                       13                and (9).
                                                                       14                (b) RULE OF CONSTRUCTION.—In all matters of in-
                                                                       15 terpretation, rules, and operational procedures, the lan-
                                                                       16 guage of this section shall be interpreted broadly for the
                                                                       17 benefit of workers and their families.
                                                                                                                                  Æ




kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 4714 IS

                                        VerDate Sep 11 2014   04:25 Oct 16, 2020   Jkt 019200   PO 00000   Frm 00047   Fmt 6652   Sfmt 6301   E:\BILLS\S4714.IS   S4714


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