Section 1 Short title
This Act may be cited as the “Ensuring Coverage in Public Health Emergencies Act of 2021”.
Ensuring Coverage in Public Health Emergencies Act of 2021
A BILL
To provide for special enrollment periods during public health emergencies.
Sec. 2 Special enrollment periods during public health emergencies
Public Health Service Act— Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended—
in section 2702(b)(2) (42 U.S.C. 300gg–1(b)(2)), by inserting “, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require” before the period at the end; and
in section 2704(f) (42 U.S.C. 300gg–3(f)), by adding at the end the following:
“(4) Public health emergencies—If the Secretary declares a public health emergency under section 319, a group health plan, and a group health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg–1(b)(2)).”
ERISA— Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following:
“(4) Public health emergencies—If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg–1(b)(2)).”
IRC— Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph:
“(4) Public health emergencies—If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg–1(b)(2)).”
Rule of construction— Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.
Sec. 3 Effective date; application
The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date.