§1165 Election

Summary

Gives rules for when people can choose to keep their health plan after their coverage ends. The choice period must start by the time coverage ends because of the event that caused the loss, last at least 60 days, and run for at least 60 days after the later of the coverage end date or the date the person got required notice. If one covered person chooses to keep coverage, that choice also counts for others who would lose coverage unless the choice says otherwise. If the plan has different coverage options, each person may pick their own type. There is a special rule for people eligible for Trade Adjustment Assistance (TAA). A TAA-eligible person who did not choose coverage earlier can still choose during a 60-day window that begins on the first day of the month they become TAA-eligible, as long as they choose within 6 months of the loss. That coverage starts at the beginning of that 60-day window and does not go back to cover earlier months. The time between the loss and that window start is ignored when counting the 63-day break-in-coverage periods used by other health laws. Definitions: nonelecting TAA-eligible individual—TAA-eligible person who had a TAA-related loss and did not choose coverage during the TAA election period; TAA-eligible individual—an eligible TAA recipient or eligible alternative TAA recipient; TAA-related election period—the 60-day choice window tied to the loss; TAA-related loss of coverage—the loss of health benefits tied to the job separation that made the person TAA-eligible.