Requires States to provide temporary Medicaid coverage, under title XIX (Medicaid) of the Social Security Act, for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001; (2) are not eligible for COBRA continuation coverage; and (3) are not covered under a group health plan, health insurance, Medicare, or Medicaid. Includes coverage of such individuals' spouses and dependents who are also uninsured.
Requires States, under Medicaid, to pay the unsubsidized portion of COBRA continuation benefits for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001; and (2) are eligible for COBRA continuation coverage. Includes coverage of such individuals' spouses and dependents who are also eligible and otherwise uninsured.
Amends the Food Stamp Act of 1977 to exclude unemployment compensation in determining eligibility and benefits under such Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5297 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5297
To provide for health care premium assistance; and to amend the Food
Stamp Act of 1977 to exclude unemployment compensation for purposes of
determining eligibility and benefits under such Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2002
Mrs. Mink of Hawaii introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committees on Ways and Means, Education and the Workforce, and
Agriculture, 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 provide for health care premium assistance; and to amend the Food
Stamp Act of 1977 to exclude unemployment compensation for purposes of
determining eligibility and benefits under such Act.
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 Care Continuation Coverage
Act of 2002''.
SEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Labor, shall establish a
program under which premium assistance for COBRA continuation
coverage shall be provided for qualified individuals under this
section.
(2) Qualified individuals.--For purposes of this section, a
qualified individual is an individual who--
(A) establishes that the individual--
(i) on or after July 1, 2001, became
entitled to elect COBRA continuation coverage;
and
(ii) has elected such coverage; and
(B) enrolls in the premium assistance program under
this section by not later than the end of such 1-year
period.
(b) Limitation of Period of Premium Assistance.--Premium assistance
provided under this subsection shall end with respect to an individual
on the earlier of--
(1) the date the individual is no longer covered under
COBRA continuation coverage; or
(2) 12 months after the date the individual is first
enrolled in the premium assistance program established under
this section.
(c) Payment, and Crediting of Assistance.--
(1) Amount of assistance.--Premium assistance provided
under this section shall be equal to 100 percent of the amount
of the premium required for the COBRA continuation coverage.
(2) Provision of assistance.--Premium assistance provided
under this section shall be provided through the establishment
of direct payment arrangements with the administrator of the
group health plan (or other entity) that provides or
administers the COBRA continuation coverage. It shall be a
fiduciary duty of such administrator (or other entity) to enter
into such arrangements under this section.
(3) Premiums payable by qualified individual reduced by
amount of assistance.--Premium assistance provided under this
section shall be credited by such administrator (or other
entity) against the premium otherwise owed by the individual
involved for such coverage.
(d) Change in COBRA Notice.--
(1) General notice.--
(A) In general.--In the case of notices provided
under section 4980B(f)(6) of the Internal Revenue Code
of 1986 with respect to individuals who, on or after
July 1, 2001, become entitled to elect COBRA
continuation coverage, such notices shall include an
additional notification to the recipient of the
availability of premium assistance for such coverage
under this section.
(B) Alternative notice.--In the case of COBRA
continuation coverage to which the notice provision
under section 4980B(f)(6) of the Internal Revenue Code
of 1986 does not apply, the Secretary of the Treasury
shall, in coordination with administrators of the group
health plans (or other entities) that provide or
administer the COBRA continuation coverage involved,
assure provision of such notice.
(C) Form.--The requirement of the additional
notification under this paragraph may be met by
amendment of existing notice forms or by inclusion of a
separate document with the notice otherwise required.
(2) Specific requirements.--Each additional notification
under paragraph (1) shall include--
(A) the forms necessary for establishing
eligibility under subsection (a)(2)(A) and enrollment
under subsection (a)(2)(B) in connection with the
coverage with respect to each covered employee or other
qualified beneficiary;
(B) the name, address, and telephone number
necessary to contact the plan administrator and any
other person maintaining relevant information in
connection with the premium assistance; and
(C) the following statement displayed in a
prominent manner:
``You may be eligible to receive assistance with payment of 100
percent of your COBRA continuation coverage premiums for a duration of
not to exceed 12 months.''.
(3) Notice relating to retroactive coverage.--In the case
of such notices previously transmitted before the date of the
enactment of this Act in the case of an individual described in
paragraph (1) who has elected (or is still eligible to elect)
COBRA continuation coverage as of the date of the enactment of
this Act, the administrator of the group health plan (or other
entity) involved or the Secretary of the Treasury (in the case
described in the paragraph (1)(B)) shall provide (within 60
days after the date of the enactment of this Act) for the
additional notification required to be provided under paragraph
(1).
(4) Model notices.--The Secretary shall prescribe models
for the additional notification required under this subsection.
(f) Obligation of Funds.--This section constitutes budget authority
in advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of premium assistance
under this section.
(g) Prompt Issuance of Guidance.--The Secretary of the Treasury, in
consultation with the Secretary of Labor, shall issue guidance under
this section not later than 30 days after the date of the enactment of
this Act.
(h) Definitions.--In this section:
(1) Administrator.--The term ``administrator'' has the
meaning given such term in section 3(16) of the Employee
Retirement Income Security Act of 1974.
(2) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means continuation coverage provided
pursuant to title XXII of the Public Health Service Act,
section 4980B of the Internal Revenue Code of 1986 (other than
subsection (f)(1) of such section insofar as it relates to
pediatric vaccines), part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (other than
under section 609), section 8905a of title 5, United States
Code, or under a State program that provides continuation
coverage comparable to such continuation coverage.
(3) Group health plan.--The term ``group health plan'' has
the meaning given such term in section 9832(a) of the Internal
Revenue Code of 1986.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
SEC. 3. TEMPORARY MEDICAID COVERAGE FOR CERTAIN UNINSURED EMPLOYEES.
(a) In General.--Notwithstanding any other provision of law, with
respect to any month, as a condition for the receipt of Federal
financial participation under title XIX of the Social Security Act, a
State shall provide, under its medicaid program under such title,
medical assistance in the case of an individual--
(1) who has become totally or partially separated from
employment on or after July 1, 2001;
(2) who is not eligible for COBRA continuation coverage;
and
(3) who is uninsured;
and to the individual's spouse and dependents (as defined for purposes
of the Internal Revenue Code of 1986) if they also are uninsured.
(b) Limitation of Period of Coverage.--Assistance under this
section shall end with respect to an individual on the earlier of--
(1) the date the individual is no longer uninsured; or
(2) 12 months after the date the individual is first
determined to be eligible for medical assistance under this
section.
(c) Special Rules.--In the case of medical assistance provided
under this section--
(1) the Federal medical assistance percentage under section
1905(b) of the Social Security Act shall be the enhanced FMAP
(as defined in section 2105(b) of such Act);
(2) a State may elect to apply alternative income, asset,
and resource limitations and the provisions of section 1916(g)
of such Act, except that in no case shall a State cover
individuals with higher family income without covering
individuals with a lower family income;
(3) such medical assistance shall not be provided for
periods before the date the individual becomes uninsured;
(4) individuals eligible for medical assistance under this
section shall be deemed to be described in the list of
individuals described in the matter preceding paragraph (1) of
section 1905(a) of such Act;
(5) a State may elect to provide such medical assistance
without regard to any limitation under sections 401(a), 402(b),
403, and 421 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a),
1612(b), 1613, and 1631) and no debt shall accrue under an
affidavit of support against any sponsor of an individual who
is an alien who is provided such assistance, and the cost of
such assistance shall not be considered as an unreimbursed
cost; and
(6) the Secretary of Health and Human Services shall not
count, for purposes of section 1108(f) of the Social Security
Act, such amount of payments under this section as bears a reasonable
relationship to the average national proportion of payments made under
this section for the 50 States and the District of Columbia to the
payments otherwise made under title XIX for such States and District.
(d) Definitions.--For purposes of this subtitle:
(1) Uninsured.--The term ``uninsured'' means, with respect
to an individual, that the individual is not covered under--
(A) a group health plan (as defined in section
2791(a) of the Public Health Service Act),
(B) health insurance coverage (as defined in
section 2791(b)(1) of the Public Health Service Act),
or
(C) a program under title XVIII, XIX, or XXI of the
Social Security Act, other than under such title XIX
pursuant to this section.
For purposes of this paragraph, such coverage under
subparagraph (A) or (B) shall not include coverage consisting
solely of coverage of excepted benefits (as defined in section
2791(c) of the Public Health Service Act).
(2) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means coverage under a group health
plan provided by an employer pursuant to title XXII of the
Public Health Service Act, section 4980B of the Internal
Revenue Code of 1986, part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974, or section
8905a of title 5, United States Code.
(3) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act.
(e) Effective Date.--This section shall take effect upon its
enactment, whether or not regulations implementing this section are
issued.
SEC. 4. TEMPORARY COVERAGE FOR UNSUBSIDIZED PORTION OF COBRA
CONTINUATION PREMIUMS.
(a) In General.--Notwithstanding any other provision of law, with
respect to COBRA continuation coverage provided for any month, as a
condition of receipt of Federal financial participation under title XIX
of the Social Security Act, a State shall provide payment of the
unsubsidized portion of the premium for COBRA continuation coverage in
the case of any individual--
(1) who has become totally or partially separated from
employment on or after July 1, 2001; and
(2) who is eligible for, and has elected coverage under,
COBRA continuation coverage;
and to the individual's spouse and dependents (as defined for purposes
of the Internal Revenue Code of 1986) if they also are eligible for
such coverage and are otherwise uninsured.
(b) Limitation of Period of Coverage.--Premium assistance under
this section shall end with respect to an individual on the earlier
of--
(1) the date the individual is no longer covered under
COBRA continuation coverage; or
(2) 12 months after the date the individual is first
determined to be eligible for premium assistance under this
section.
(c) Financial Payment to States.--A State providing premium
assistance under this section shall be entitled to payment under
section 1903(a) of the Social Security Act with respect to such
assistance (and administrative expenses relating to such assistance) in
the same manner as such State is entitled to payment with respect to
medical assistance (and such administrative expenses) under such
section, except that, for purposes of this subsection, any reference to
the Federal medical assistance percentage shall be deemed a reference
to the enhanced FMAP (as defined in section 2105(b) of such Act). The
provisions of subsections (c)(5) and (c)(6) of section 3 shall apply
with respect to this section in the same manner as it applies under
such section.
(d) Unsubsidized Portion of Premium for COBRA Continuation
Coverage.--For purposes of this section, the term `unsubsidized portion
of premium for COBRA continuation coverage' means that portion of the
premium for COBRA continuation coverage for which there is no financial
assistance available under section 2.
(e) Effective Date.--This section shall take effect upon its
enactment, whether or not regulations implementing this section are
issued.
SEC. 5. AMENDMENT TO THE FOOD STAMP ACT OF 1977.
(a) Amendment.--Section 5(d) of the Food Stamp Act of 1977 (7
U.S.C. 2014(d)) is amended--
(1) by striking ``and (15)'' and inserting ``(15)'', and
(2) by inserting before the period at the end the
following: ``, and (16) compensation under the State's
unemployment compensation law (including amounts payable
pursuant to an agreement under a Federal unemployment
compensation law)''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall not apply with respect to certification periods that begin before
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, and Agriculture, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, and Agriculture, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, and Agriculture, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, and Agriculture, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, and Agriculture, 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.
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Sponsor introductory remarks on measure. (CR E1460)
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
Referred to the Subcommittee on Employer-Employee Relations.