Congressional Record, Senate, August 4, 2020 — Continuous Health Coverage for Workers Act Amendment
Summary
Page S4770 of the Senate section of the Congressional Record for August 4, 2020, headed Continuous Health Coverage for Workers Act Amendment, in interleaved columns, carrying amendment text. Provisions set premium assistance at a share of the premium owed, with 15 percent in one formula, and let an employer permit an assistance eligible individual to enroll in different coverage. Tax text adds a new section to the Internal Revenue Code and allows advance payment of a credit. SA 2516 is submitted by Ms. McSally, and a funds provision refers to a 1999 defense authorization Act.
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“Congressional Record, Senate, August 4, 2020 — Continuous Health Coverage for Workers Act Amendment.”
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S4770 CONGRESSIONAL RECORD — SENATE August 4, 2020
1237(b) of the Strom Thurmond National De- of 15 percent of the amount of such premium ferent coverage as described in subparagraph
fense Authorization Act for Fiscal Year 1999 owed by such individual (as determined with- (A) only if—
(Public Law 105–261; 50 U.S.C. 1701 note). out regard to this subsection) or the amount (i) the employer involved has made a deter-
(b) FUNDS DESCRIBED.—Funds described in of the premium that a similarly situated in- mination that such employer will permit
this subsection are— dividual enrolled in the plan who is not an such assistance eligible individual to enroll
(1) funds made available under this Act; assistance eligible individual is (or would be, in different coverage as provided under this
(2) funds made available, and available for if so enrolled) required to pay with respect to paragraph;
obligation as of the date of the enactment of the plan (after any employer contribution). (ii) the premium for such different cov-
this Act, under— (B) CHURCH PLANS.—In the case of any pre- erage does not exceed the premium for cov-
(A) the Coronavirus Preparedness and Re- mium for a period of coverage during the pe- erage in which such individual was enrolled
sponse Supplemental Appropriations Act, riod beginning on the first day of the first at the time such qualifying event occurred
2020 (Public Law 116–123; 134 Stat. 146); month that begins after the date of enact- or immediately before such furlough began;
(B) the Families First Coronavirus Re- ment of this Act and ending on December 31, (iii) the different coverage in which the in-
sponse Act (Public Law 116–127; 134 Stat. 177); 2020, for coverage under a church plan with dividual elects to enroll is coverage that is
(C) the Coronavirus Aid, Relief, and Eco- respect to any assistance eligible individual also offered to the active employees of the
nomic Security Act (Public Law 116–136); or described in subsection (c)(2), such individual employer, who are not in a furlough period,
(D) the Paycheck Protection Program and shall be treated for purposes of the individ- at the time at which such election is made;
Health Care Enhancement Act (Public Law ual’s coverage under such plan as having and
116–139; 134 Stat. 620); or paid the amount of such premium if such in- (iv) the different coverage in which the in-
(3) funds made available under any Act en- dividual pays (and any person other than dividual elects to enroll is not—
acted after the date of the enactment of this such individual’s employer pays on behalf of (I) coverage that provides only dental, vi-
Act to provide additional funding relating to such individual) the greater of 15 percent of sion, counseling, or referral services (or a
the COVID–19 pandemic. the amount of such premium owed by such combination of such services);
(c) APPLICATION TO PRIVATE ENTITIES AND individual (as determined without regard to (II) a qualified small employer health re-
STATE AND LOCAL GOVERNMENTS.— this subsection) or the amount of the pre- imbursement arrangement (as defined in sec-
(1) IN GENERAL.—The prohibition under mium that a similarly situated individual tion 9831(d)(2) of the Internal Revenue Code
subsection (a) includes a prohibition on the enrolled in the plan who is not an assistance of 1986);
obligation or expenditure of funds described eligible individual is (or would be, if so en- (III) a flexible spending arrangement (as
in subsection (b) for the purchase of goods or rolled) required to pay with respect to the defined in section 106(c)(2) of the Internal
services from persons described in subsection plan (after any employer contribution). Revenue Code of 1986); or
(a) by a private entity or a State or local (C) FURLOUGHED CONTINUATION COVERAGE.— (IV) benefits that provide coverage for
government that received such funds In the case of any premium for a period of services or treatments furnished in an on-
through a grant or any other means. coverage during the period beginning on the site medical facility maintained by the em-
(2) CERTIFICATION REQUIRED TO RECEIVE FU- first day of the first month that begins after ployer and that consists primarily of first-
TURE FUNDS.—On and after the date of the
the date of enactment of this Act and ending aid services, prevention and wellness care, or
enactment of this Act, the head of an execu- on December 31, 2020, for coverage under a similar care (or a combination of such care).
tive agency may not provide funds described group health plan with respect to any assist- (3) PREMIUM REIMBURSEMENT.—For provi-
in subsection (b) to a private entity or a ance eligible individual described in sub- sions providing the payment of such pre-
State or local government unless the entity section (c)(3), such individual shall be treat- mium, see section 6432 of the Internal Rev-
ed for purposes of the individual’s coverage enue Code of 1986, as added by section 203(a).
or government certifies that the entity or
under such plan as having paid the amount (b) LIMITATION OF PERIOD OF PREMIUM AS-
government, as the case may be, is not pur- SISTANCE.—
of such premium if such individual pays (and
chasing goods or services from a person de- (1) ELIGIBILITY FOR ADDITIONAL COVERAGE.—
any person other than such individual’s em-
scribed in subsection (a). Subsection (a)(1) shall not apply with respect
ployer pays on behalf of such individual) the
(d) EXECUTIVE AGENCY DEFINED.—In this to—
greater of 15 percent of the amount of such
section, the term ‘‘executive agency’’ has the (A) any assistance eligible individual de-
premium owed by such individual (as deter-
meaning given that term in section 133 of scribed in subsection (c)(1) for months of
mined without regard to this subsection) or
title 41, United States Code. coverage beginning on or after the earlier
the amount of the premium that a similarly
situated individual enrolled in the plan who of—
SA 2515. Ms. MCSALLY (for herself, is not an assistance eligible individual is (or (i) the first date that such individual is eli-
Mr. DAINES, Mr. CORNYN, and Mr. SUL- would be, if so enrolled) required to pay with gible for coverage under any other group
LIVAN) submitted an amendment in- respect to the plan (after any employer con- health plan (other than coverage consisting
tended to be proposed to amendment tribution). of only dental, vision, counseling, or referral
SA 2499 proposed by Mr. MCCONNELL to (2) PLAN ENROLLMENT OPTION.— services (or a combination thereof), coverage
the bill S. 178, to condemn gross human (A) IN GENERAL.—Any assistance eligible under a flexible spending arrangement (as
individual who is enrolled in a group health defined in section 106(c)(2) of the Internal
rights violations of ethnic Turkic Mus-
plan offered by a plan sponsor may, not later Revenue Code of 1986), coverage of treatment
lims in Xinjiang, and calling for an end than 90 days after the date of notice of the that is furnished in an on-site medical facil-
to arbitrary detention, torture, and plan enrollment option described in this ity maintained by the employer and that
harassment of these communities in- paragraph, elect to enroll in coverage under consists primarily of first-aid services, pre-
side and outside China; which was or- a plan offered by such plan sponsor that is vention and wellness care, or similar care (or
dered to lie on the table; as follows: different than coverage under the plan in a combination thereof)), or eligible for bene-
At the appropriate place, insert the fol- which such individual was enrolled at the fits under the Medicare program under title
lowing: time— XVIII of the Social Security Act; or
(i) in the case of any assistance eligible in- (ii) the earlier of—
Subtitle ll—Continuous Health Coverage
dividual described in subsection (c)(1), the (I) the date following the expiration of the
for Workers
qualifying event specified in section 603(2) of maximum period of continuation coverage
SEC. 201. SHORT TITLE. the Employee Retirement Income Security required under the applicable COBRA con-
This subtitle may be cited as the ‘‘Contin- Act of 1974, section 4980B(f)(3)(B) of the Inter- tinuation coverage provision; or
uous Health Coverage for Workers Act’’. nal Revenue Code of 1986, section 2203(2) of (II) the date following the expiration of the
SEC. 202. PRESERVING HEALTH BENEFITS FOR the Public Health Service Act, or section period of continuation coverage allowed
WORKERS. 8905a of title 5, United States Code (except under subsection (d)(2)(B);
(a) PROVISION OF PREMIUM ASSISTANCE.— for the voluntary termination of such indi- (B) any assistance eligible individual de-
(1) REDUCTION OF PREMIUMS PAYABLE.— vidual’s employment by such individual), oc- scribed in subsection (c)(2) for months of
(A) COBRA CONTINUATION COVERAGE.—In curred, and such coverage shall be treated as coverage beginning on or after the earlier
the case of any premium for a period of cov- COBRA continuation coverage for purposes of—
erage during the period beginning on the of the applicable COBRA continuation provi- (i) the first date that such individual is eli-
first day of the first month that begins after sion; gible for coverage under any other group
the date of enactment of this Act and ending (ii) in the case of an assistance eligible in- health plan (other than coverage consisting
on December 31, 2020, for COBRA continu- dividual described in subsection (c)(2), the of only dental, vision, counseling, or referral
SSpencer on DSK126QN23PROD with SENATE
ation coverage with respect to any assist- termination or reduction of hours of employ- services (or a combination thereof), coverage
ance eligible individual described in sub- ment of such individual occurred; or under a flexible spending arrangement (as
section (c)(1), such individual shall be treat- (iii) in the case of any assistance eligible defined in section 106(c)(2) of the Internal
ed for purposes of any COBRA continuation individual described in subsection (c)(3), the Revenue Code of 1986), coverage of treatment
provision as having paid the amount of such furlough period began with respect to such that is furnished in an on-site medical facil-
premium if such individual pays (and any individual. ity maintained by the employer and that
person other than such individual’s employer (B) REQUIREMENTS.—Any assistance eligi- consists primarily of first-aid services, pre-
pays on behalf of such individual) the greater ble individual may elect to enroll in dif- vention and wellness care, or similar care (or
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4771
a combination thereof)), or eligible for bene- (1) IN GENERAL.—For purposes of applying premium assistance with respect to an as-
fits under the Medicare program under title section 605(a) of the Employee Retirement sistance eligible individual under this sec-
XVIII of the Social Security Act; or Income Security Act of 1974, section tion shall not be considered income, in-kind
(ii) the first date on which the church plan 4980B(f)(5)(A) of the Internal Revenue Code of support, or resources for purposes of deter-
is no longer available to such individual; or 1986, section 2205(a) of the Public Health mining the eligibility of the recipient (or the
(C) any assistance eligible individual de- Service Act, and section 8905a(c)(2) of title 5, recipient’s spouse or family) for benefits or
scribed in paragraph (3)(C) for months of cov- United States Code, in the case of— assistance, or the amount or extent of bene-
erage beginning on or after the earlier of— (A) an individual who does not have an fits or assistance, or any other benefit pro-
(i) the first date that such individual is eli- election of COBRA continuation coverage in vided under any Federal program or any pro-
gible for coverage under any other group effect on the date of the enactment of this gram of a State or political subdivision
health plan (other than coverage consisting Act but who would be an assistance eligible thereof financed in whole or in part with
of only dental, vision, counseling, or referral individual described in subsection (c)(1) if Federal funds.
services (or a combination thereof), coverage such election were so in effect; or (g) COBRA-SPECIFIC NOTICE.—
under a flexible spending arrangement (as (B) an individual who elected COBRA con- (1) GENERAL NOTICE.—
defined in section 106(c)(2) of the Internal tinuation coverage on or after March 1, 2020, (A) IN GENERAL.—In the case of notices pro-
Revenue Code of 1986), coverage of treatment and discontinued from such coverage before vided under section 606(a)(4) of the Employee
that is furnished in an on-site medical facil- the date of the enactment of this Act, Retirement Income Security Act of 1974 (29
ity maintained by the employer and that U.S.C. 1166(4)), section 4980B(f)(6)(D) of the
such individual may elect the COBRA con-
consists primarily of first-aid services, pre- Internal Revenue Code of 1986, section 2206(4)
tinuation coverage under the COBRA con-
vention and wellness care, or similar care (or of the Public Health Service Act (42 U.S.C.
tinuation coverage provisions containing
a combination thereof)), or eligible for bene- 300bb–6(4)), or section 8905a(f)(2)(A) of title 5,
such provisions during the period beginning
fits under the Medicare program under title United States Code, with respect to individ-
on the date of the enactment of this Act and
XVIII of the Social Security Act; or uals who, during the period described in sub-
ending 60 days after the date on which the
(ii) the first date that such individual is no section (c), become entitled to elect COBRA
notification required under subsection (g)(3)
longer in the furlough period. continuation coverage, the requirements of
is provided to such individual.
(2) NOTIFICATION REQUIREMENT.—Any as- such provisions shall not be treated as met
(2) COMMENCEMENT OF COBRA CONTINUATION
sistance eligible individual shall notify the unless such notices include an additional no-
COVERAGE.—Any COBRA continuation cov-
group health plan with respect to which sub- tification to the recipient, in writing, in
erage elected by a qualified beneficiary dur- clear and understandable language of—
section (a)(1) applies if such paragraph ing an extended election period under para-
ceases to apply by reason of subparagraph (i) the availability of premium assistance
graph (1)— with respect to such coverage under this sec-
(A)(i), (B)(i), or (C)(i) of paragraph (1) (as ap- (A) shall apply as if such qualified bene-
plicable). Such notice shall be provided to tion; and
ficiary had been covered as of the date of a (ii) the option to enroll in different cov-
the group health plan in such time and man- qualifying event specified in section 603(2) of
ner as may be specified by the Secretary of erage if the employer permits assistance eli-
the Employee Retirement Income Security gible individuals described in subsection
Labor. Act of 1974, section 4980B(f)(3)(B) of the Inter-
(3) SPECIAL ENROLLMENT PERIOD FOLLOWING (c)(1) to elect enrollment in different cov-
nal Revenue Code of 1986, section 2203(2) of erage (as described in subsection (a)(2)).
EXPIRATION OF PREMIUM ASSISTANCE.—Not-
the Public Health Service Act, or section (B) ALTERNATIVE NOTICE.—In the case of
withstanding section 1311 of the Patient Pro- 8905a of title 5, United States Code, except
tection and Affordable Care Act (42 U.S.C. COBRA continuation coverage to which the
for the voluntary termination of such bene- notice provision under such sections does not
18031), the expiration of premium assistance ficiary’s employment by such beneficiary,
pursuant to a limitation specified under apply, the Secretary of Labor, in consulta-
that occurs no earlier than March 1, 2020 (in- tion with the Secretary of the Treasury and
paragraph (1) shall be treated as a qualifying cluding the treatment of premium payments
event for which any assistance eligible indi- the Secretary of Health and Human Services,
under subsection (a)(1) and any cost-sharing shall, in consultation with administrators of
vidual is eligible to enroll in a qualified requirements for items and services under a
health plan offered through an Exchange the group health plans (or other entities)
group health plan); and that provide or administer the COBRA con-
under title I of such Act (42 U.S.C. 18001 et (B) shall not extend beyond the period of
seq.) during a special enrollment period. tinuation coverage involved, provide rules
COBRA continuation coverage that would requiring the provision of such notice.
(c) ASSISTANCE ELIGIBLE INDIVIDUAL.—For
have been required under the applicable (C) FORM.—The requirement of the addi-
purposes of this section, the term ‘‘assist-
COBRA continuation coverage provision if tional notification under this paragraph may
ance eligible individual’’ means, with respect
the coverage had been elected as required be met by amendment of existing notice
to a period of coverage during the period be-
ginning on the first day of the first month under such provision. forms or by inclusion of a separate document
(e) EXPEDITED REVIEW OF DENIALS OF PRE- with the notice otherwise required.
that begins after the date of enactment of
MIUM ASSISTANCE.—In any case in which an
this Act and ending on December 31, 2020— (2) SPECIFIC REQUIREMENTS.—Each addi-
individual requests treatment as an assist- tional notification under paragraph (1) shall
(1) any individual that is a qualified bene-
ance eligible individual described in para- include—
ficiary that— graph (1), (2), or (3) of subsection (c) and is
(A) is eligible for COBRA continuation cov- (A) the forms necessary for establishing
denied such treatment by the group health
erage by reason of a qualifying event speci- eligibility for premium assistance under this
plan, the Secretary of Labor (or the Sec-
fied in section 603(2) of the Employee Retire- section;
retary of Health and Human Services in con-
ment Income Security Act of 1974, section (B) the name, address, and telephone num-
nection with COBRA continuation coverage
4980B(f)(3)(B) of the Internal Revenue Code of or a church plan which is provided other ber necessary to contact the plan adminis-
1986, section 2203(2) of the Public Health than pursuant to part 6 of subtitle B of title trator and any other person maintaining rel-
Service Act, or section 8905a of title 5, I of the Employee Retirement Income Secu- evant information in connection with such
United States Code (except for the voluntary rity Act of 1974), in consultation with the premium assistance;
termination of such individual’s employment Secretary of the Treasury, shall provide for (C) a description of the extended election
by such individual); and expedited review of such denial. An indi- period provided for in subsection (d)(1);
(B) elects such coverage; vidual shall be entitled to such review upon (D) a description of the obligation of the
(2) any individual who— application to such Secretary in such form qualified beneficiary under subsection (b)(2)
(A) is terminated from (other than by rea- and manner as shall be provided by such Sec- and the penalty provided under section 6720C
son of such employee’s gross misconduct or retary, in consultation with the Secretary of of the Internal Revenue Code of 1986 for fail-
voluntary termination), or is subject to a re- Treasury. Such Secretary shall make a de- ure to carry out the obligation;
duction in hours with respect to, employ- termination regarding such individual’s eli- (E) a description, displayed in a prominent
ment with an employer who offers a church gibility within 15 business days after receipt manner, of the qualified beneficiary’s right
plan, if the employer voluntarily offers cov- of such individual’s application for review to a reduced premium and any conditions on
erage under such plan to such individual under this subsection. Either Secretary’s de- entitlement to the reduced premium;
after the termination or reduction of hours, termination upon review of the denial shall (F) a description of the option of the quali-
or is a beneficiary of such an individual who be de novo and shall be the final determina- fied beneficiary to enroll in different cov-
is terminated or subject to a reduction of tion of such Secretary. A reviewing court erage if the employer permits such bene-
hours, if the employer voluntarily offers cov- shall grant deference to such Secretary’s de- ficiary to elect to enroll in such different
coverage under subsection (a)(2); and
SSpencer on DSK126QN23PROD with SENATE
erage under such plan to such beneficiary; termination. The provisions of this sub-
and section, subsections (a) through (e), and sub- (G) information regarding any Exchange
(B) elects such coverage; or sections (g) through (i) shall be treated as established under title I of the Patient Pro-
(3) any covered employee that is in a fur- provisions of title I of the Employee Retire- tection and Affordable Care Act (42 U.S.C.
lough period that remains eligible for cov- ment Income Security Act of 1974 for pur- 18001 et seq.) through which a qualified bene-
erage under a group health plan offered by poses of part 5 of subtitle B of such title. ficiary may be eligible to enroll in a quali-
the employer of such covered employee. (f) DISREGARD OF SUBSIDIES FOR PURPOSES fied health plan, including—
(d) EXTENSION OF ELECTION PERIOD AND EF- OF FEDERAL AND STATE PROGRAMS.—Not- (i) the publicly accessible internet website
FECT ON COVERAGE.— withstanding any other provision of law, any address for such Exchange;
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S4772 CONGRESSIONAL RECORD — SENATE August 4, 2020
(ii) the publicly accessible internet website (B) in the case of any additional notifica- (i) COBRA continuation coverage; or
address for the Find Local Help directory tion provided pursuant to paragraph (1) (ii) coverage under a group health plan;
maintained by the Department of Health and under section 8905a(f)(2)(A) of title 5, United (C) that the expiration of premium assist-
Human Services on the healthcare.gov inter- States Code, the Office of Personnel Manage- ance is treated as a qualifying event for
net website (or a successor website); ment shall prescribe a model for such addi- which any assistance eligible individual is
(iii) a clear explanation that— tional notification. eligible to enroll in a qualified health plan
(I) an individual who is eligible for con- (h) FURLOUGH-SPECIFIC NOTICE.— offered through an Exchange under title I of
tinuation coverage may also be eligible to (1) IN GENERAL.—With respect to any as- such Act (42 U.S.C. 18001 et seq.) during a
enroll, with financial assistance, in a quali- sistance eligible individual described in sub- special enrollment period; and
fied health plan offered through such Ex- section (c)(3) who, during the period de- (D) the information specified in subsection
change, but, in the case that such individual scribed in such paragraph, becomes eligible (g)(2)(G).
elects to enroll in such continuation cov- for assistance pursuant to subsection (2) EXCEPTION.—The requirement for the
erage and subsequently elects to terminate (a)(1)(C), the requirements of section 606(a)(4) group health plan administrator to provide
such continuation coverage before the period of the Employee Retirement Income Secu- the written notice under paragraph (1) shall
of such continuation coverage expires, such rity Act of 1974 (29 U.S.C. 1166(4)), section be waived in the case the premium assist-
4980B(f)(6)(D) of the Internal Revenue Code of
termination does not initiate a special en- ance for such individual expires pursuant to
1986, section 2206(4) of the Public Health
rollment period (absent a qualifying event subparagraph (A)(i) or (C)(i) of subsection
Service Act (42 U.S.C. 300bb–6(4)), or section
specified in section 603(2) of the Employee (b)(1).
8905a(f)(2)(A) of title 5, United States Code,
Retirement Income Security Act of 1974, sec- (3) PERIOD SPECIFIED.—For purposes of
shall not be treated as met unless the group
tion 4980B(f)(3)(B) of the Internal Revenue health plan administrator, in accordance paragraph (1), the period specified in this
Code of 1986, section 2203(2) of the Public with the timing requirement specified under paragraph is, with respect to the date of ex-
Health Service Act, or section 8905a of title paragraph (2), provides to the individual a piration of premium assistance for any as-
5, United States Code, with respect to such written notice in clear and understandable sistance eligible individual pursuant to a
individual); and language of— limitation requiring a notice under this sub-
(II) an individual who elects to enroll in (A) the availability of premium assistance section, the period beginning on the day that
continuation coverage will remain eligible to with respect to such coverage under this sec- is 45 days before the date of such expiration
enroll in a qualified health plan offered tion; and ending on the day that is 15 days before
through such Exchange during an open en- (B) the option of the qualified beneficiary the date of such expiration.
rollment period and may be eligible for fi- to enroll in different coverage if the em- (4) MODEL NOTICES.—Not later than 30 days
nancial assistance with respect to enrolling ployer permits such beneficiary to elect to after the date of enactment of this Act, with
in such a qualified health plan; enroll in such different coverage under sub- respect to any assistance eligible indi-
(iv) information on consumer protections section (a)(2); and vidual—
with respect to enrolling in a qualified (C) the information specified under sub- (A) the Secretary of Labor, in consultation
health plan offered through such Exchange, section (g)(2) (as applicable). with the Secretary of the Treasury and the
including the requirement for such a quali- (2) TIMING SPECIFIED.—For purposes of Secretary of Health and Human Services,
fied health plan to provide coverage for es- paragraph (1), the timing requirement speci- shall prescribe models for the notification
sential health benefits (as defined in section fied in this paragraph is— required under this subsection (other than
1302(b) of such Act (42 U.S.C. 18022(b))) and (A) with respect to such an individual who the notification described in subparagraph
the requirements applicable to such a quali- is within a furlough period during the period (B)); and
fied health plan under part A of title XXVII beginning on March 1, 2020, and ending on (B) in the case of any notification provided
of the Public Health Service Act (42 U.S.C. the date of the enactment of this Act, 30 pursuant to paragraph (1) under section
300gg et seq.); days after the date of such enactment; and 8905a(f)(2)(A) of title 5, United States Code,
(v) information on the availability of fi- (B) with respect to such an individual who the Office of Personnel Management shall
nancial assistance with respect to enrolling is within a furlough period during the period prescribe a model for such notification.
in a qualified health plan, including the beginning on the first day after the date of (j) REGULATIONS.—The Secretary of the
maximum income limit for eligibility for the the enactment of this Act and ending on De- Treasury and the Secretary of Labor may
premium tax credit under section 36B of the cember 31, 2020, 30 days after the date of the
Internal Revenue Code of 1986; and jointly prescribe such regulations or other
beginning of such furlough period.
(vi) information on any special enrollment (3) MODEL NOTICES.—Not later than 30 days guidance as may be necessary or appropriate
periods during which any assistance eligible after the date of enactment of this Act, with to carry out the provisions of this section,
individual described in subsection (c)(1)(A) respect to any assistance eligible individual including the prevention of fraud and abuse
may be eligible to enroll, with financial as- described in subsection (c)(3)— under this section, except that the Secretary
sistance, in a qualified health plan offered (A) the Secretary of Labor, in consultation of Labor and the Secretary of Health and
through such Exchange (including a special with the Secretary of the Treasury and the Human Services may prescribe such regula-
enrollment period for which an individual Secretary of Health and Human Services, tions (including interim final regulations) or
may be eligible due to the expiration of pre- shall prescribe models for the notification other guidance as may be necessary or ap-
mium assistance pursuant to a limitation required under this paragraph (other than propriate to carry out the provisions of sub-
specified under subsection (b)(1)); and the notification described in subparagraph
(H) information regarding compliance with sections (e), (g), (h), (i), and (k).
(B)); and
the requirements of subsection (n). (B) in the case of any notification provided (k) OUTREACH.—
(3) NOTICE IN CONNECTION WITH EXTENDED pursuant to paragraph (1) under section (1) IN GENERAL.—The Secretary of Labor, in
ELECTION PERIODS.—In the case of any assist- 8905a(f)(2)(A) of title 5, United States Code, consultation with the Secretary of the
ance eligible individual described in sub- the Office of Personnel Management shall Treasury and the Secretary of Health and
section (c)(1) (or any individual described in prescribe a model for such notification. Human Services, shall provide outreach con-
subsection (d)(1)) who became entitled to (i) NOTICE OF EXPIRATION OF PERIOD OF sisting of public education and enrollment
elect COBRA continuation coverage before PREMIUM ASSISTANCE.— assistance relating to premium assistance
the date of the enactment of this Act, the (1) IN GENERAL.—With respect to any as- provided under this section. Such outreach
administrator of the applicable group health sistance eligible individual (as applicable), shall target employers, group health plan ad-
plan (or other entity) shall provide (within 60 subject to paragraph (2), the requirements of ministrators, public assistance programs,
days after the date of enactment of this Act) section 606(a)(4) of the Employee Retirement States, insurers, and other entities as deter-
for the additional notification required to be Income Security Act of 1974 (29 U.S.C. mined appropriate by such Secretaries. Such
provided under paragraph (1) and failure to 1166(4)), section 4980B(f)(6)(D) of the Internal outreach shall include an initial focus on
provide such notice shall be treated as a fail- Revenue Code of 1986, section 2206(4) of the those individuals electing continuation cov-
ure to meet the notice requirements under Public Health Service Act (42 U.S.C. 300bb– erage who are referred to in subsection (g)(3).
the applicable COBRA continuation provi- 6(4)), or section 8905a(f)(2)(A) of title 5, Information on such premium assistance, in-
sion. United States Code, shall not be treated as cluding enrollment, shall also be made avail-
(4) MODEL NOTICES.—Not later than 30 days met unless the employer of the individual, able on websites of the Departments of
after the date of enactment of this Act, with during the period specified under paragraph Labor, Treasury, and Health and Human
respect to any assistance eligible individual (3), provides to such individual a written no- Services.
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described in subsection (c)(1)— tice in clear and understandable language— (2) ENROLLMENT UNDER MEDICARE.—The
(A) the Secretary of Labor, in consultation (A) that the premium assistance for such Secretary of Health and Human Services
with the Secretary of the Treasury and the individual will expire soon and the promi- shall provide outreach consisting of public
Secretary of Health and Human Services, nent identification of the date of such expi- education. Such outreach shall target indi-
shall prescribe models for the additional no- ration; viduals who lose health insurance coverage.
tification required under this paragraph (B) that such individual may be eligible for Such outreach shall include information re-
(other than the additional notification de- coverage without any premium assistance garding enrollment for benefits under title
scribed in subparagraph (B)); and through— XVIII of the Social Security Act (42 U.S.C.
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4773
1395 et seq.) for purposes of preventing mis- vidual and an employer of such individual, of 1986, the Secretary of Labor and the Sec-
taken delays of such enrollment by such in- the greater of— retary of the Treasury, respectively, may
dividuals, including lifetime penalties for (i) such individual’s work hours in the not waive or extend any deadline with re-
failure of timely enrollment. month prior (or in the case such individual spect to the provision of notices described in
(l) DEFINITIONS.—For purposes of this sec- had no work hours in the month prior and subsections (g), (h), and (i).
tion: had work hours in the 3 months prior, the SEC. 203. AMENDMENTS TO THE INTERNAL REV-
(1) ADMINISTRATOR.—The term ‘‘adminis- last month with work hours within the prior ENUE CODE OF 1986.
trator’’ has the meaning given such term in 3 months); and (a) COBRA PREMIUM ASSISTANCE.—
section 3(16)(A) of the Employee Retirement (ii) such individual’s work hours during the (1) IN GENERAL.—Subchapter B of chapter
Income Security Act of 1974. period beginning January 1, 2020, and ending 65 of the Internal Revenue Code of 1986 is
(2) CHURCH PLAN.—The term ‘‘church plan’’ January 31, 2020. amended by adding at the end the following
(m) REPORTS.— new section:
means a plan, as described in section 414(e) of
(1) INTERIM REPORT.—The Secretary of the
the Internal Revenue Code of 1986, that pro- ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM
Treasury and the Secretary of Labor shall ASSISTANCE.
vides medical care to employees or their de-
jointly submit an interim report to the Com-
pendents. ‘‘(a) IN GENERAL.—The person to whom pre-
mittee on Education and Labor, the Com-
(3) COBRA CONTINUATION COVERAGE.—The miums are payable for continuation cov-
mittee on Ways and Means, and the Com-
term ‘‘COBRA continuation coverage’’ erage under section 202(a)(1) of the Contin-
mittee on Energy and Commerce of the
means continuation coverage provided pur- uous Health Coverage for Workers Act shall
House of Representatives and the Committee
suant to part 6 of subtitle B of title I of the on Health, Education, Labor, and Pensions be allowed as a credit against the tax im-
Employee Retirement Income Security Act and the Committee on Finance of the Senate posed by section 3111(a), or so much of the
of 1974 (other than under section 609), title regarding the premium assistance provided taxes imposed under section 3221(a) as are at-
XXII of the Public Health Service Act, sec- under this section that includes— tributable to the rate in effect under section
tion 4980B of the Internal Revenue Code of (A) the number of individuals provided 3111(a), for each calendar quarter an amount
1986 (other than subsection (f)(1) of such sec- such assistance as of the date of the report; equal to the premiums not paid by assistance
tion insofar as it relates to pediatric vac- and eligible individuals for such coverage by rea-
cines), or section 8905a of title 5, United (B) the total amount of expenditures in- son of such section 202(a)(1) with respect to
States Code, or under a State program that curred (with administrative expenditures such calendar quarter.
provides comparable continuation coverage. noted separately) in connection with such ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
Such term does not include coverage under a assistance as of the date of the report. ABLE.—For purposes of subsection (a), except
health flexible spending arrangement under (2) FINAL REPORT.—As soon as practicable as otherwise provided by the Secretary, the
a cafeteria plan within the meaning of sec- after the last period of COBRA continuation person to whom premiums are payable under
tion 125 of the Internal Revenue Code of 1986. coverage for which premium assistance is such continuation coverage shall be treated
(4) COBRA CONTINUATION PROVISION.—The provided under this section, the Secretary of as being—
term ‘‘COBRA continuation provision’’ the Treasury and the Secretary of Labor ‘‘(1) in the case of any group health plan
means the provisions of law described in shall jointly submit a final report to each which is a multiemployer plan (as defined in
paragraph (3). Committee referred to in paragraph (1) that section 3(37) of the Employee Retirement In-
(5) COVERED EMPLOYEE.—The term ‘‘cov- includes— come Security Act of 1974), the plan,
ered employee’’ has the meaning given such (A) the number of individuals provided pre- ‘‘(2) in the case of any group health plan
term in section 607(2) of the Employee Re- mium assistance under this section; not described in paragraph (1)—
tirement Income Security Act of 1974. (B) the average dollar amount (monthly ‘‘(A) which provides church plan continu-
(6) QUALIFIED BENEFICIARY.—The term and annually) of premium assistance pro- ation coverage described in section
‘‘qualified beneficiary’’ has the meaning vided to such individuals; and 202(a)(1)(A)(ii), furlough continuation cov-
given such term in section 607(3) of the Em- (C) the total amount of expenditures in- erage described in section 202(a)(1)(A)(iii) of
ployee Retirement Income Security Act of curred (with administrative expenditures the Continuous Health Coverage for Workers
1974. noted separately) in connection with pre- Act or subject to the COBRA continuation
(7) GROUP HEALTH PLAN.—The term ‘‘group mium assistance under this section. provisions contained in—
health plan’’ has the meaning given such (n) LIMITATION.— ‘‘(i) this title,
term in section 607(1) of the Employee Re- (1) IN GENERAL.—Notwithstanding section ‘‘(ii) the Employee Retirement Income Se-
tirement Income Security Act of 1974. 602(1) of the Employee Retirement Income curity Act of 1974,
(8) STATE.—The term ‘‘State’’ includes the Security Act of 1974 (29 U.S.C. 1162(1)) or any ‘‘(iii) the Public Health Service Act, or
District of Columbia, the Commonwealth of other provision of part 6 of subtitle B of title ‘‘(iv) title 5, United States Code, or
Puerto Rico, the Virgin Islands, Guam, I of such Act of 1974 (29 U.S.C. 1161 et seq.), ‘‘(B) under which some or all of the cov-
American Samoa, and the Commonwealth of section 2202(1) of the Public Health Service erage is not provided by insurance,
the Northern Mariana Islands. Act (42 U.S.C. 300bb–2) or any other provision the employer maintaining the plan, and
(9) PERIOD OF COVERAGE.—Any reference in of such Act (42 U.S.C. 201 et seq.), section ‘‘(3) in the case of any group health plan
this section to a period of coverage shall be 4980B(f)(2)(A) of the Internal Revenue Code of not described in paragraph (1) or (2), the in-
treated as a reference to a monthly or short- 1986 or any other provision of such Code, sec- surer providing the coverage under the group
er period of coverage with respect to which tion 8905a of title 5, United States Code, or health plan.
premiums are charged with respect to such any provision of State law, in the case of ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
coverage. coverage described in subsection (a)(1) for an ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-
(10) PLAN SPONSOR.—The term ‘‘plan spon- assistance eligible individual— MENT TAXES.—The credit allowed by sub-
sor’’ has the meaning given such term in sec- (A) such coverage shall exclude coverage of section (a) with respect to any calendar
tion 3(16)(B) of the Employee Retirement In- an abortion (except to the extent described quarter shall not exceed the tax imposed by
come Security Act of 1974. in section 507(a) of division A of Public Law section 3111(a), or so much of the taxes im-
(11) FURLOUGH PERIOD.— 116–94) for any period of coverage beginning posed under section 3221(a) as are attrib-
(A) IN GENERAL.—The term ‘‘furlough pe- on or after the date of enactment of this Act, utable to the rate in effect under section
riod’’ means, with respect to an individual for which subsection (a)(1) applies to the in- 3111(a), for such calendar quarter (reduced by
and an employer of such individual, a pe- dividual; and any credits allowed under subsections (e) and
riod— (B) if such coverage would, but for the re- (f) of section 3111, sections 7001 and 7003 of
(i) beginning with the first month begin- quirement under subparagraph (A), include the Families First Coronavirus Response
ning on or after March 1, 2020, and before De- coverage of abortion (except to the extent Act, section 2301 of the CARES Act, and sec-
cember 31, 2020, during which such individ- described in such subparagraph) for such in- tions 20204 and 20212 of the COVID–19 Tax Re-
ual’s employer reduces such individual’s dividual, the coverage shall be modified for lief Act of 2020 for such quarter) on the wages
work hours (due to a lack of work, funds, or such individual so that the coverage excludes paid with respect to the employment of all
other nondisciplinary reason) to an amount abortion (except to the extent described in employees of the employer.
that is less than 70 percent of the base month such subparagraph) for any period of cov- ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
amount; and erage as described in such subparagraph. ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
(ii) ending with the earlier of— (2) RULE OF CONSTRUCTION.—Nothing in this of the credit under subsection (a) exceeds the
(I) the first month beginning after Decem- limitation of paragraph (1) for any calendar
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subtitle, or any amendment made by this
ber 31, 2020; or subtitle, may be construed to require a quarter, such excess shall be treated as an
(II) the month following the first month health plan, including any COBRA continu- overpayment that shall be refunded under
during which work hours of such employee ation coverage, to provide coverage of any sections 6402(a) and 6413(b).
are greater than 80 percent of work hours of abortion. ‘‘(B) CREDIT MAY BE ADVANCED.—In antici-
the base month amount. (o) DEADLINES WITH RESPECT TO NOTICES.— pation of the credit, including the refundable
(B) BASE MONTH AMOUNT.—For purposes of Notwithstanding section 518 of the Employee portion under subparagraph (A), the credit
subparagraph (A), the term ‘‘base month Retirement Income Security Act of 1974 and may be advanced, according to forms and in-
amount’’ means, with respect to an indi- section 7508A of the Internal Revenue Code structions provided by the Secretary, up to
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S4774 CONGRESSIONAL RECORD — SENATE August 4, 2020
an amount calculated under subsection (a) ject to the limitations provided in this sec- ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
through the end of the most recent payroll tion, based on such information as the Sec- HEALTH PLAN OF CESSATION OF
ELIGIBILITY FOR CONTINUATION
period in the quarter. retary shall require, COVERAGE PREMIUM ASSISTANCE.
‘‘(C) TREATMENT OF DEPOSITS.—The Sec- ‘‘(4) to provide for the reconciliation of
retary shall waive any penalty under section ‘‘(a) IN GENERAL.—Except in the case of
such advance payment with the amount of failure described in subsection (b) or (c), any
6656 for any failure to make a deposit of the the credit at the time of filing the return of
tax imposed by section 3111(a), or so much of person required to notify a group health plan
tax for the applicable quarter or taxable under section 202(a)(2)(B) of the Continuous
the taxes imposed under section 3221(a) as year, and
are attributable to the rate in effect under Health Coverage for Workers Act who fails
‘‘(5) with respect to the application of the to make such a notification at such time and
section 3111(a), if the Secretary determines credit to third party payors (including pro-
that such failure was due to the anticipation in such manner as the Secretary of Labor
fessional employer organizations, certified may require shall pay a penalty of $250.
of the credit allowed under this section. professional employer organizations, or ‘‘(b) INTENTIONAL FAILURE.—In the case of
‘‘(D) TREATMENT OF PAYMENTS.—For pur- agents under section 3504). any such failure that is fraudulent, such per-
poses of section 1324 of title 31, United States
‘‘(h) LIMITATION.—In the case of any period son shall pay a penalty equal to the greater
Code, any amounts due to an employer under
of coverage (as defined in section 202(l) of the of—
this paragraph shall be treated in the same
‘‘(1) $250, or
manner as a refund due from a credit provi- Continuous Health Coverage for Workers
‘‘(2) 110 percent of the premium assistance
sion referred to in subsection (b)(2) of such Act) beginning on or after the date of enact-
provided under section 202(a)(1)(A) of the
section. ment of this section, no credit shall be al- Continuous Health Coverage for Workers Act
‘‘(3) LIMITATION ON REIMBURSEMENT FOR lowed under this section with respect to any after termination of eligibility under such
CERTAIN EMPLOYEES.—In the case of an indi-
coverage that includes coverage of an abor- section.
vidual who for any month is an assistance el-
tion (except as described in section 507(a) of ‘‘(c) REASONABLE CAUSE EXCEPTION.—No
igible individual described in subparagraph
division A of Public Law 116–94).’’. penalty shall be imposed under this section
(B) or (C) of section 202(a)(3) of the Contin-
(2) SOCIAL SECURITY TRUST FUNDS HELD with respect to any failure if it is shown that
uous Health Coverage for Workers Act with
HARMLESS.—There are hereby appropriated such failure is due to reasonable cause and
respect to any coverage, the credit deter-
to the Federal Old-Age and Survivors Insur- not to willful neglect.’’.
mined with respect to such individual under
ance Trust Fund and the Federal Disability (2) CLERICAL AMENDMENT.—The table of
subsection (a) for any such month ending
Insurance Trust Fund established under sec- sections of part I of subchapter B of chapter
during a calendar quarter shall not exceed
tion 201 of the Social Security Act (42 U.S.C. 68 of such Code is amended by adding at the
the amount of premium the individual would
401) and the Social Security Equivalent Ben- end the following new item:
have paid for a full month of such coverage
for the month preceding the first month for efit Account established under section 15A(a) ‘‘Sec. 6720C. Penalty for failure to notify
which an individual is such an assistance eli- of the Railroad Retirement Act of 1974 (45 health plan of cessation of eli-
gible individual. U.S.C. 231n–1(a)) amounts equal to the reduc- gibility for continuation cov-
‘‘(d) GOVERNMENTAL ENTITIES.—For pur- tion in revenues to the Treasury by reason of erage premium assistance.’’.
poses of this section, the term ‘person’ in- this subsection (without regard to this para- (c) COORDINATION WITH HCTC.—
cludes any governmental entity or Indian graph). Amounts appropriated by the pre- (1) IN GENERAL.—Section 35(g)(9) of the In-
tribal government (as defined in section ceding sentence shall be transferred from the ternal Revenue Code of 1986 is amended to
139E(c)(1)). general fund at such times and in such man- read as follows:
‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- ner as to replicate to the extent possible the ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-
poses of chapter 1, the gross income of any transfers which would have occurred to such SISTANCE.—In the case of an assistance eligi-
person allowed a credit under this section Trust Fund or Account had this section not ble individual who receives premium assist-
shall be increased for the taxable year which been enacted. ance for continuation coverage under section
includes the last day of any calendar quarter 202(a)(1) of the Continuous Health Coverage
(3) CLERICAL AMENDMENT.—The table of
with respect to which such credit is allowed for Workers Act for any month during the
sections for subchapter B of chapter 65 of the
by the amount of such credit. No amount for taxable year, such individual shall not be
Internal Revenue Code of 1986 is amended by
which a credit is allowed under this section treated as an eligible individual, a certified
shall be taken into account as qualified adding at the end the following new item:
individual, or a qualifying family member
wages under section 2301 of the CARES Act ‘‘Sec. 6432. Continuation coverage premium for purposes of this section or section 7527
or as qualified health plan expenses under assistance.’’. with respect to such month.’’.
section 7001(d) or 7003(d) of the Families (4) EFFECTIVE DATE.—The amendments (2) EFFECTIVE DATE.—The amendment
First Coronavirus Response Act. made by this subsection shall apply to pre- made by paragraph (1) shall apply to taxable
‘‘(f) REPORTING.—Each person entitled to years ending after the date of the enactment
miums to which section 202(a)(1)(A) applies.
reimbursement under subsection (a) for any of this Act.
(5) SPECIAL RULE IN CASE OF EMPLOYEE PAY-
period shall submit such reports (at such (d) EXCLUSION OF CONTINUATION COVERAGE
MENT THAT IS NOT REQUIRED UNDER THIS SEC-
time and in such manner) as the Secretary PREMIUM ASSISTANCE FROM GROSS INCOME.—
TION.—
may require, including— (1) IN GENERAL.—Part III of subchapter B of
‘‘(1) an attestation of involuntary termi- (A) IN GENERAL.—In the case of an assist-
ance eligible individual who pays, with re- chapter 1 of the Internal Revenue Code of
nation of employment, reduction of hours, or 1986 is amended by inserting after section
furloughing, for each assistance eligible indi- spect any period of coverage to which section
202(a)(1)(A) applies, the amount of the pre- 139H the following new section:
vidual on the basis of whose termination, re- ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
duction of hours, or furloughing entitlement mium for such coverage that the individual
ASSISTANCE.
to reimbursement is claimed under sub- would have (but for this subtitle) been re-
‘‘In the case of an assistance eligible indi-
section (a), quired to pay, the person to whom such pay-
vidual (as defined in subsection (a)(3) of sec-
‘‘(2) a report of the amount of payroll taxes ment is payable shall reimburse such indi-
tion 202 of the Continuous Health Coverage
offset under subsection (a) for the reporting vidual for the amount of such premium paid.
for Workers Act), gross income does not in-
period, and (B) CREDIT OF REIMBURSEMENT.—A person
clude any premium assistance provided
‘‘(3) a report containing the TINs of all to which subparagraph (A) applies shall be
under subsection (a)(1) of such section.’’.
covered employees, the amount of subsidy allowed a credit in the manner provided (2) CLERICAL AMENDMENT.—The table of
reimbursed with respect to each employee, under section 6432 of the Internal Revenue sections for part III of subchapter B of chap-
and a designation with respect to each em- Code of 1986 for any payment made to the ter 1 of such Code is amended by inserting
ployee as to whether the subsidy reimburse- employee under such subparagraph. after the item relating to section 139H the
ment is for coverage of 1 individual or 2 or (C) PAYMENT OF CREDITS.—Any person to following new item:
more individuals. which subparagraph (A) applies shall make
‘‘(g) REGULATIONS.—The Secretary shall ‘‘Sec. 139I. Continuation coverage premium
the payment required under such clause to
issue such regulations or other guidance as assistance.’’.
the individual not later than 60 days after
may be necessary or appropriate to carry out (3) EFFECTIVE DATE.—The amendments
the date on which such individual elects con-
this section, including— made by this subsection shall apply to tax-
tinuation coverage under section 202(a)(1) of able years ending after the date of the enact-
‘‘(1) the requirement to report information the Continuous Health Coverage for Workers
or the establishment of other methods for ment of this Act.
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Act.
verifying the correct amounts of reimburse- SEC. 204. RULE OF CONSTRUCTION.
ments under this section, (b)PENALTY FOR FAILURE TO NOTIFY In all matters of interpretation, rules, and
‘‘(2) the application of this section to group HEALTH PLAN OF CESSATION OF ELIGIBILITY operational procedures, the language of this
health plans that are multiemployer plans FOR PREMIUM ASSISTANCE.— subtitle shall be interpreted broadly for the
(as defined in section 3(37) of the Employee (1) IN GENERAL.—Part I of subchapter B of benefit of workers and their families.
Retirement Income Security Act of 1974), chapter 68 of the Internal Revenue Code of
‘‘(3) to allow the advance payment of the 1986 is amended by adding at the end the fol- SA 2516. Ms. MCSALLY submitted an
credit determined under subsection (a), sub- lowing new section: amendment intended to be proposed by
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