article: SECTION 1. REMOVAL OF 18 OR 36 MONTH LIMITATION ON COBRA CONTINUATION COVERAGE. (a) Under ERISA.-- (1) In general.--Subparagraph (A) of section 602(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)) is amended to read as follows: ``(A) No specified maximum required period.--Except as otherwise provided, there is no specified deadline for the continuation coverage provided under this part.''. (2) Increased premium permitted for additional coverage.-- The last sentence of section 602(3) of such Act is amended to read as follows: ``In the case of an individual who was described in the last sentence of paragraph (2)(A), as in effect before the amendment made by section 2(a)(1) of the Health Insurance For Life Act of 2006, for any month after the 18th month of continuation coverage described in clause (i) or (ii) of such paragraph and in the case of an individual whose continuation coverage is only required under this part due to such amendment, any reference in subparagraph (A) of this paragraph to `102 percent' is deemed a reference to such percentage as the Secretary of Health and Human Services determines (from time to time and after consultation with the Secretary of Labor and the Secretary of the Treasury) that if were applied during the period of the first 18 months of continuation coverage under this part would have resulted in a premium equal to the average monthly actuarial cost of such continuation coverage.''. (b) Under IRC.-- (1) In general.--Clause (i) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 (relating to maximum required period of continuation coverage) is amended to read as follows: ``(i) No specified maximum required period.--Except as otherwise provided, there is no specified deadline for the continuation coverage provided under this section.''. (2) Increased premium permitted for additional coverage.-- The last sentence of section 4980B(f)(2)(C) of such Code is amended to read as follows: ``In the case of an individual who was described in the last sentence of subparagraph (B)(i), as in effect before the amendment made by section 2(b)(1) of the Health Insurance For Life Act of 2006, for any month after the 18th month of continuation coverage described in subclause (I) or (II) of such subparagraph and in the case of an individual whose continuation coverage is only required under this section due to such amendment, any reference in clause (i) of this subparagraph to `102 percent' is deemed a reference to such percentage as the Secretary of Health and Human Services determines from time to time under the last sentence of section 602(e) of the Employee Retirement Income Security Act of 1974.''. (c) Under PHSA.-- (1) In general.--Subparagraph (A) of section 2202(2) of the Public Health Service Act (42 U.S.C. 300bb-2(2)) is amended to read as follows: ``(A) No specified maximum required period.--Except as otherwise provided, there is no specified deadline for the continuation coverage provided under this part.''. (2) Increased premium permitted for additional coverage.-- The last sentence of section 2202(3) of such Act is amended to read as follows: ``In the case of an individual who was described in the last sentence of paragraph (2)(A), as in effect before the amendment made by section 2(c)(1) of the Health Insurance For Life Act of 2006, for any month after the 18th month of continuation coverage described in clause (i) or (ii) of such paragraph and in the case of an individual whose continuation coverage is only required under this part due to such amendment, any reference in subparagraph (A) of this paragraph to `102 percent' is deemed a reference to such percentage as the Secretary of Health and Human Services determines from time to time under the last sentence of section 602(e) of the Employee Retirement Income Security Act of 1974.''. (d) FEHBP.-- (1) In general.--Subsection (e) of section 8905a of title 5, United States Code, is amended to read as follows: ``(e) Continuation coverage under this section shall not extend beyond the period of continuation required under section 602(2) of the Employee Retirement Income Security Act of 1974 for a group health plan covered under such section.''. (2) Increased premium permitted for additional coverage.-- Section 8905a(d) of such title is amended-- (A) in paragraph (1)(A), by striking ``and (5)'' and inserting ``, (5), and (6)''; (B) in paragraph (4)(A), in the matter before clause (i), by inserting ``for periods of continuation coverage not resulting from the amendment made by section 2(d)(1) of the Health Insurance For Life Act of 2006'' after ``National Nuclear Security Administration''; (C) in paragraph (5)(A), in the matter before clause (i), by inserting ``for periods of continuation coverage not resulting from the amendment made by section 2(d)(1) of the Health Insurance For Life Act of 2006'' after ``Atomic Energy Defense Act''; and (D) by adding at the end the following new paragraph: ``(6) In the case of any period of continuation coverage under this section resulting from the amendment made by section 2(d)(1) of the Health Insurance For Life Act of 2006, the amount required to be paid under this subsection shall be equal to a percentage (equal to such percentage as the Secretary of Health and Human Services determines from time to time under the last sentence of section 602(e) of the Employee Retirement Income Security Act of 1974) applied to the amount described in paragraph (1)(A)(i).''. (e) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by subsections (a) through (c) shall apply with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after the date of the enactment of this Act and the amendments made by subsection (d) shall apply to contract years beginning after the date of the enactment of this Act. (2) Treatment of collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsections (a) through (c) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act); or (B) 2 years after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.
summary: Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to remove all limitations on Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage that establish a period by which such coverage must end, and instead provides no deadline for discontinuing such coverage. Sets forth a formula to determine the maximum allowable premium that certain qualified disabled beneficiaries and individuals receiving extended coverage provided pursuant to this Act may be charged based on the average monthly actuarial cost of such continuation coverage. Applies such provisions to continuation coverage provided pursuant to the Federal Employee Health Benefits Program (FEHBP).