Title 42 — The Public Health and WelfareRelease 119-73
§300bb–2 Continuation coverage
Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XX— - REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN STATE AND LOCAL EMPLOYEES › § 300bb–2
Summary
A plan must keep giving the same health coverage to people who qualify after a qualifying event. The coverage has to match what similarly situated people still on the plan get. If the plan changes coverage for a whole group, the same change must apply to these qualified people. The plan cannot refuse coverage or charge extra because someone can’t prove they are insurable. Coverage must start on the date of the qualifying event and continue until the earliest of several listed end points. For the type of event described in section 300bb–3(2), coverage normally ends 18 months after the event, but it can be extended to 36 months if another qualifying event happens within those 18 months. For other qualifying events, coverage can last 36 months. Special rules: if the covered employee is a TAA-eligible individual, coverage can’t end earlier than when that status ends (but need not go past January 1, 2014); if the employee became entitled to Medicare less than 18 months before the event, coverage for other beneficiaries runs for 36 months starting from the date the employee got Medicare; and if any qualified beneficiary is found disabled under Social Security within the first 60 days of continuation, the 18‑month limit is treated as 29 months for everyone, but only if notice is given under section 300bb–6(3) before the 18 months end. Coverage also ends if the employer stops offering any group health plan, if required premium payments are not made on time (payments are timely if made within 30 days or any longer period the plan allows), if the beneficiary gets other group health coverage that has no preexisting-condition limits, or if the beneficiary becomes entitled to Medicare. The plan may charge for continuation coverage but not more than 102 percent of the applicable premium, and payments may be made monthly if the payer chooses. During the 180 days before a coverage period that ends under the 18/36 month rule, the plan must offer the person the option to enroll in any conversion health plan the plan normally offers.
Full Legal Text
Title 42, §300bb–2
The Public Health and Welfare — Source: USLM XML via OLRC
For purposes of section 300bb–1 of this title, the term “continuation coverage” means coverage under the plan which meets the following requirements:
(1)The coverage must consist of coverage which, as of the time the coverage is being provided, is identical to the coverage provided under the plan to similarly situated beneficiaries under the plan with respect to whom a qualifying event has not occurred. If coverage is modified under the plan for any group of similarly situated beneficiaries, such coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this part 11 So in original. This subchapter is not divided into parts. in connection with such group.
(2)The coverage must extend for at least the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following:
(A)(i)In the case of a qualifying event described in section 300bb–3(2) of this title, except as provided in clause (ii), the date which is 18 months after the date of the qualifying event.
(ii)If a qualifying event occurs during the 18 months after the date of a qualifying event described in section 300bb–3(2) of this title, the date which is 36 months after the date of the qualifying event described in section 300bb–3(2) of this title.
(iii)In the case of a qualifying event not described in section 300bb–3(2) of this title, the date which is 36 months after the date of the qualifying event.
(iv)In the case of a qualifying event described in section 300bb–3(2) of this title with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (v), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 300bb–5(b)(4)(B) of this title), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual. The preceding sentence shall not require any period of coverage to extend beyond January 1, 2014.
(v)In the case of a qualifying event described in section 300bb–3(2) of this title that occurs less than 18 months after the date the covered employee became entitled to benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], the period of coverage for qualified beneficiaries other than the covered employee shall not terminate under this subparagraph before the close of the 36-month period beginning on the date the covered employee became so entitled.
(vi)In the case of a qualified beneficiary who is determined, under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this subchapter, any reference in clause (i) or (ii) to 18 months is deemed a reference to 29 months (with respect to all qualified beneficiaries), but only if the qualified beneficiary has provided notice of such determination under section 300bb–6(3) of this title before the end of such 18 months.
(B)The date on which the employer ceases to provide any group health plan to any employee.
(C)The date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the qualified beneficiary. The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.
(D)The date on which the qualified beneficiary first becomes, after the date of the election—
(i)covered under any other group health plan (as an employee or otherwise) which does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary (other than such an exclusion or limitation which does not apply to (or is satisfied by) such beneficiary by reason of chapter 100 of title 26, part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1181 et seq.], or subchapter XXV of this chapter), or
(ii)entitled to benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].
(E)In the case of a qualified beneficiary who is disabled at any time during the first 60 days of continuation coverage under this subchapter, the month that begins more than 30 days after the date of the final determination under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.] that the qualified beneficiary is no longer disabled.
(3)The plan may require payment of a premium for any period of continuation coverage, except that such premium—
(A)shall not exceed 102 percent of the applicable premium for such period, and
(B)may, at the election of the payor, be made in monthly installments.
(4)The coverage may not be conditioned upon, or discriminate on the basis of lack of, evidence of insurability.
(5)In the case of a qualified beneficiary whose period of continuation coverage expires under paragraph (2)(A), the plan must, during the 180-day period ending on such expiration date, provide to the qualified beneficiary the option of enrollment under a conversion health plan otherwise generally available under the plan.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Social Security Act, referred to in par. (2)(A)(v), (vi), (D)(ii), and (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II, XVI, and XVIII of the Social Security Act are classified generally to subchapters II (§ 401 et seq.), XVI (§ 1381 et seq.), and XVIII (§ 1395 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Employee Retirement Income Security Act of 1974, referred to in par. (2)(D)(i), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829. Part 7 of subtitle B of title I of the Act is classified generally to part 7 (§ 1181 et seq.) of subtitle B of subchapter I of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see
Short Title
note set out under section 1001 of Title 29 and Tables.
Amendments
2011—Par. (2)(A)(iv). Pub. L. 112–40 substituted “
January 1, 2014” for “
February 12, 2011”. 2010—Par. (2)(A)(iv). Pub. L. 111–344 substituted “
February 12, 2011” for “
December 31, 2010”. 2009—Par. (2)(A). Pub. L. 111–5, § 1899F(c)(1), designated concluding provisions as cl. (v) and inserted heading. Par. (2)(A)(iv) to (vi). Pub. L. 111–5, § 1899F(c)(2), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively. 1996—Par. (2)(A). Pub. L. 104–191, § 421(a)(1)(A)(ii)(IV), inserted “(with respect to all qualified beneficiaries)” after “29 months” in concluding provisions. Pub. L. 104–191, § 421(a)(1)(A)(ii)(III), which directed amendment of concluding provisions by striking “with respect to such event,”, was executed by striking that phrase, which did not contain a comma at end, before “is deemed a reference” to reflect the probable intent of Congress. Pub. L. 104–191, § 421(a)(1)(A)(ii)(I), (II), in concluding provisions, substituted “a qualified beneficiary” for “an individual” and “at any time during the first 60 days of continuation coverage under this subchapter” for “at the time of a qualifying event described in section 300bb–3(2) of this title”. Pub. L. 104–191, § 421(a)(1)(A)(i), transferred sentence following cl. (iii) to appear as concluding provisions following cl. (iv). Par. (2)(A)(iv). Pub. L. 104–188 amended heading and text of cl. (iv) generally. Prior to amendment, text read as follows: “In the case of an event described in section 300bb–3(4) of this title (without regard to whether such event is a qualifying event), the period of coverage for qualified beneficiaries other than the covered employee for such event or any subsequent qualifying event shall not terminate before the close of the 36-month period beginning on the date the covered employee becomes entitled to benefits under title XVIII of the Social Security Act.” Par. (2)(D)(i). Pub. L. 104–191, § 421(a)(1)(B), inserted “(other than such an exclusion or limitation which does not apply to (or is satisfied by) such beneficiary by reason of chapter 100 of title 26, part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or subchapter XXV of this chapter)” before “, or”. Par. (2)(E). Pub. L. 104–191, § 421(a)(1)(C), substituted “at any time during the first 60 days of continuation coverage under this subchapter” for “at the time of a qualifying event described in section 300bb–3(2) of this title”. 1989—Par. (2)(A). Pub. L. 101–239, § 6702(a)(1), inserted after cl. (iii) “In the case of an individual who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 300bb–3(2) of this title, any reference in clause (i) or (ii) to 18 months with respect to such event is deemed a reference to 29 months, but only if the qualified beneficiary has provided notice of such determination under section 300bb–6(3) of this title before the end of such 18 months.” Par. (2)(A)(iv). Pub. L. 101–239, § 6801(b)(1)(A), added cl. (iv). Par. (2)(D). Pub. L. 101–239, § 6801(b)(2)(A), substituted “entitlement” for “eligibility” in heading and inserted “which does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary” after “or otherwise)” in cl. (i). Par. (2)(E). Pub. L. 101–239, § 6702(a)(2), added subpar. (E). Par. (3). Pub. L. 101–239, § 6801(b)(3)(A), which directed the general amendment of the concluding provision was executed by amending the first sentence of the concluding provision generally to reflect the probable intent of Congress and amendment of concluding provision by Pub. L. 101–239, § 6702(b). Prior to amendment, first sentence of the concluding provision read as follows: “If an election is made after the qualifying event, the plan shall permit payment for continuation coverage during the period preceding the election to be made within 45 days of the date of the election.” Pub. L. 101–239, § 6702(b), inserted at end of concluding provision “In the case of an individual described in the last sentence of paragraph (2)(A), any reference in subparagraph (A) of this paragraph to ‘102 percent’ is deemed a reference to ‘150 percent’ for any month after the 18th month of continuation coverage described in clause (i) or (ii) of paragraph (2)(A).” See Amendment note above. 1986—Par. (1). Pub. L. 99–514, § 1895(d)(1)(C), inserted at end “If coverage is modified under the plan for any group of similarly situated beneficiaries, such coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this part in connection with such group.” Par. (2)(A). Pub. L. 99–514, § 1895(d)(2)(C), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Maximum period.—In the case of— “(i) a qualifying event described in section 300bb–3(2) of this title (relating to terminations and reduced hours), the date which is 18 months after the date of the qualifying event, and “(ii) any qualifying event not described in clause (i), the date which is 36 months after the date of the qualifying event.” Par. (2)(C). Pub. L. 99–514, § 1895(d)(3)(C), inserted at end “The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.” Par. (2)(D). Pub. L. 99–514, § 1895(d)(4)(C)(ii), (iii), substituted “Group health plan coverage” for “Reemployment” in heading, added cl. (i), and struck out former cl. (i) which read as follows: “a covered employee under any other group health plan, or”. Par. (2)(E). Pub. L. 99–514, § 1895(d)(4)(C)(i), struck out subpar. (E), remarriage of spouse, which read as follows: “In the case of an individual who is a qualified beneficiary by reason of being the spouse of a covered employee, the date on which the beneficiary remarries and becomes covered under a group health plan.”
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 AmendmentAmendment by Pub. L. 112–40 applicable to periods of coverage which would (without regard to the
Amendments
made by section 243 of Pub. L. 112–40) end on or after the date which is 30 days after Oct. 21, 2011, see section 243(b) of Pub. L. 112–40, set out as a note under section 4980B of Title 26, Internal Revenue Code.
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–344 applicable to periods of coverage which would (without regard to such amendment) end on or after Dec. 31, 2010, see section 116(d) of Pub. L. 111–344, set out as a note under section 4980B of Title 26, Internal Revenue Code.
Effective Date
of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of Title 19, Customs Duties. Amendment by Pub. L. 111–5 applicable to periods of coverage which would (without regard to amendment by Pub. L. 111–5) end on or after Feb. 17, 2009, see section 1899F(d) of Pub. L. 111–5, set out as a note under section 4980B of Title 26, Internal Revenue Code.
Effective Date
of 1996
Amendments
Amendment by Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether the qualifying event occurred before, on, or after such date, see section 421(d) of Pub. L. 104–191, set out as a note under section 4980B of Title 26, Internal Revenue Code. Amendment by Pub. L. 104–188 applicable to plan years beginning after Dec. 31, 1989, see section 1704(g)(2) of Pub. L. 104–188, set out as a note under section 4980B of Title 26.
Effective Date
of 1989 Amendment Pub. L. 101–239, title VI, § 6702(d), 103 Stat. 2296, provided that: “The
Amendments
made by this section [amending this section and section 300bb–6 of this title] shall apply to plan years beginning on or after the date of the enactment of this Act [Dec. 19, 1989], regardless of whether the qualifying event occurred before, on, or after such date.” Pub. L. 101–239, title VI, § 6801(b)(1)(B), 103 Stat. 2297, provided that: “The
Amendments
made by this paragraph [amending this section] shall apply to plan years beginning after December 31, 1989.” Pub. L. 101–239, title VI, § 6801(b)(2)(B), 103 Stat. 2297, provided that: “The
Amendments
made by subparagraph (A) [amending this section] shall apply to— “(i) qualifying events occurring after
December 31, 1989, and “(ii) in the case of qualified beneficiaries who elected continuation coverage after
December 31, 1988, the period for which the required premium was paid (or was attempted to be paid but was rejected as such).” Pub. L. 101–239, title VI, § 6801(b)(3)(B), 103 Stat. 2297, provided that: “The amendment made by subparagraph (A) [amending this section] shall apply to plan years beginning after
December 31, 1989.”
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99–272, see section 1895(e) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Revenue Code. Plan
Amendments
Not Required Until January 1, 1989For provisions directing that if any
Amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
Reference
Citations & Metadata
Citation
42 U.S.C. § 300bb–2
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73