H.R. 5390, COBRA Subsidy Extension for Workers and Families Act
Summary
H.R. 5390, the COBRA Subsidy Extension for Workers and Families Act, is a bill to amend the American Rescue Plan Act of 2021 to extend the premium assistance for COBRA Continuation Coverage for individuals and their families. Mrvan introduced it in the House of Representatives on September 28, 2021, and it was referred to the Committee on Education and Labor and, in addition, the Committees on Ways and Means, and Energy and Commerce. The bill adds a paragraph for expedited review of denials of premium assistance. When a group health plan denies an individual's request for treatment as an assistance eligible individual, the Secretary of Labor decides on review, de novo, and that determination is final.
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Cite this document
“H.R. 5390, COBRA Subsidy Extension for Workers and Families Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5390ih-bills-117hr5390ih/
, SHA-256 508e75d0be94b0f57975aecd1ce92d6f2ac2c6b567d2872fb4e1b0348b261bb3.Full text
I
117TH CONGRESS
1ST SESSION
H. R. 5390
To amend the American Rescue Plan Act of 2021 to extend the premium
assistance for COBRA Continuation Coverage for individuals and their
families.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 2021
Mr. MRVAN introduced the following bill; which was referred to the Committee
on Education and Labor, and in addition to the Committees on Ways and
Means, and Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the American Rescue Plan Act of 2021 to extend
the premium assistance for COBRA Continuation Cov-
erage for individuals and their families.
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 ‘‘COBRA Subsidy Ex-
5 tension for Workers and Families Act’’.
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1 SEC. 2. EXTENSION OF PREMIUM ASSISTANCE FOR COBRA
2 CONTINUATION COVERAGE FOR INDIVID-
3 UALS AND THEIR FAMILIES.
4 Section 9501(a) of the American Rescue Plan Act of
5 2021 (Public Law 117–2) is amended—
6 (1) in paragraph (1)(A), by striking ‘‘Sep-
7 tember 30, 2021’’ and inserting ‘‘September 30,
8 2022’’;
9 (2) in paragraph (3), by striking ‘‘September
10 30, 2021’’ and inserting ‘‘September 30, 2022’’;
11 (3) in paragraph (7), by striking ‘‘and (8)’’ and
12 inserting ‘‘(8), and (9)’’;
13 (4) by redesignating paragraphs (9) and (10)
14 as paragraphs (10) and (11), respectively; and
15 (5) by inserting after paragraph (8) the fol-
16 lowing new paragraph:
17 ‘‘(9) EXPEDITED REVIEW OF DENIALS OF PRE-
18 MIUM ASSISTANCE.—In any case in which an indi-
19 vidual requests treatment as an assistance eligible
20 individual and is denied such treatment by the group
21 health plan, the Secretary of Labor (or the Sec-
22 retary of Health and Human Services in connection
23 with COBRA continuation coverage which is pro-
24 vided other than pursuant to part 6 of subtitle B of
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25 title I of the Employee Retirement Income Security
26 Act of 1974), in consultation with the Secretary of
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1 the Treasury, shall provide for expedited review of
2 such denial. An individual shall be entitled to such
3 review upon application to such Secretary in such
4 form and manner as shall be provided by such Sec-
5 retary. Such Secretary shall make a determination
6 regarding such individual’s eligibility within 15 busi-
7 ness days after receipt of such individual’s applica-
8 tion for review under this paragraph. Either Sec-
9 retary’s determination upon review of the denial
10 shall be de novo and shall be the final determination
11 of such Secretary. A reviewing court shall grant def-
12 erence to such Secretary’s determination. The provi-
13 sions of this paragraph and paragraphs (1) through
14 (6) shall be treated as provisions of title I of the
15 Employee Retirement Income Security Act of 1974
16 for purposes of part 5 of subtitle B of such title.’’.
Æ
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