[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3442 Introduced in Senate (IS)]

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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.''.
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