[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3442 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3442
To require private health insurers to cover care related to COVID-19
without cost-sharing and to provide for special enrollment periods for
individuals diagnosed with COVID-19.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2020
Mr. Booker (for himself and Mr. Menendez) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To require private health insurers to cover care related to COVID-19
without cost-sharing and to provide for special enrollment periods for
individuals diagnosed with COVID-19.
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 ``Care for COVID-19 Act''.
SEC. 2. COVERAGE OF SERVICES RELATED TO COVID-19.
(a) In General.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the
following:
``SEC. 2720. COVERAGE OF SERVICES RELATED TO COVID-19.
``A group health plan, and a health insurance issuer offering group
or individual health insurance coverage, shall provide coverage for and
shall not impose any cost-sharing requirements for outpatient and
inpatient services related to the diagnosis, care, and treatment of
COVID-19, including--
``(1) diagnostic services related to COVID-19;
``(2) supportive care for COVID-19;
``(3) vaccines for the prevention of COVID-19;
``(4) treatment services, including prescription drugs and
medical devices, for the treatment of COVID-19 and of
complications related to COVID-19;
``(5) inpatient and outpatient physician and hospital
services related to COVID-19; and
``(6) any other service the Secretary determines
appropriate.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to plan years beginning on or after January 1, 2020.
SEC. 3. SPECIAL ENROLLMENT PERIOD.
(a) Public Health Service Act.--Section 2702(b)(2) of the Public
Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting
``, including a special enrollment period for individuals who are
diagnosed with or have a presumptive positive diagnosis of COVID-19,
beginning on the date on which the diagnosis or presumptive positive
diagnosis is reported to the health insurance issuer'' before the
period at the end.
(b) Patient Protection and Affordable Care Act.--Section 1311(c)(6)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18031(c)(6)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) a special enrollment period for individuals
who are diagnosed with or have a presumptive positive
diagnosis of COVID-19, beginning on the date on which
the diagnosis or presumptive positive diagnosis is
reported to the Exchange; and''.
(c) Special Enrollment Periods.--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) For individuals who are diagnosed with or have a
presumptive positive diagnosis of covid-19.--
``(A) In general.--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 upon a diagnosis
or a presumptive positive diagnosis of COVID-19, with
the special enrollment period beginning on the date on
which the diagnosis or presumptive positive diagnosis
is reported to the group health plan.
``(B) Enrollment period.--The Secretary shall
promulgate regulations with respect to the special
enrollment period under subparagraph (A), including
establishing a time period for individuals who are
diagnosed with or have a presumptive positive diagnosis
of COVID-19 to enroll in coverage or change coverage,
and effective date of such coverage.''.
(d) 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) For individuals who are diagnosed with or have a
presumptive positive diagnosis of covid-19.--
``(A) In general.--A group health plan or health
insurance issuer 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
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 upon a diagnosis or presumptive positive diagnosis
of COVID-19, with the special enrollment period
beginning on the date on which the diagnosis or
presumptive positive diagnosis is reported to the group
health plan or health insurance issuer or the diagnosis
or presumptive positive diagnosis is confirmed by a
health care provider.
``(B) Enrollment period.--The Secretary shall
promulgate regulations with respect to the special
enrollment period under subparagraph (A), including
establishing a time period for individuals who are
diagnosed with or have a presumptive positive diagnosis
of COVID-19 to enroll in coverage and effective date of
such coverage.''.
<all>