H.R. 1663 (107th): Health Insurance Continuation Improvement Act of 2001

107th Congress, 2001–2002. Text as of May 01, 2001 (Introduced).

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HR 1663 IH

107th CONGRESS

1st Session

H. R. 1663

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to extend the basic period for health care continuation from 18 months to 5 years.

IN THE HOUSE OF REPRESENTATIVES

May 1, 2001

Mr. MOAKLEY introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined 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 Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to extend the basic period for health care continuation from 18 months to 5 years.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Health Insurance Continuation Improvement Act of 2001’.

SEC. 2. EXTENSION OF BASIC COBRA-CONTINUATION PERIOD FROM 18 MONTHS TO 5 YEARS.

    (a) AMENDMENTS TO ERISA- Section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162) is amended--

      (1) by amending clause (i) of paragraph (2)(A) to read as follows:

          ‘(i) GENERAL RULE- In the case of a qualifying event not described in section 603(6), the date which is 60 months after the date of the qualifying event.’;

      (2) in paragraph (2)(A)--

        (A) by striking clause (ii);

        (B) by striking clause (iv) and all that follows;

        (C) by redesignating clause (iii) as clause (ii); and

        (D) in clause (ii), as so redesignated, by striking ‘36 months after the date of the death of the covered employee’ and inserting ‘the later of (I) 36 months after the date of the death of the covered employee, or (II) 60 months after the date of the qualifying event’; and

      (3) by striking the last sentence in paragraph (3).

    (b) AMENDMENTS TO PHSA- Section 2202 of the Public Health Service Act 429 U.S.C. 300bb-2) is amended--

      (1) by amending subparagraph (A) of paragraph (2)(A) to read as follows:

        ‘(A) MAXIMUM REQUIRED PERIOD- The date which is 60 months after the date of the qualifying event.’; and

      (2) by striking the last sentence of paragraph (3).

    (c) AMENDMENTS TO IRC- Section 4980B(f)(2) of the Internal Revenue Code of 1986 is amended--

      (1) by amending subclause (I) of subparagraph (B)(i) to read as follows:

            ‘(I) GENERAL RULE- In the case of a qualifying event not described in paragraph (3)(F), the date which is 60 months after the date of the qualifying event.’;

      (2) in subparagraph (B)(i)--

        (A) by striking subclause (II);

        (B) by striking subclauses (IV) and all that follows;

        (C) by redesignating subclause (III) as subclause (II); and

        (D) in subclause (II), as so redesignated, by inserting before the period at the end the following: ‘or, in such case and if later, 60 months after the date of the qualifying event’; and

      (3) by striking the last sentence in subparagraph (C).

    (d) EFFECTIVE DATE- The amendments made by this section shall apply to qualifying events occurring after the date of the enactment of this Act.