§1165 Election

Summary

People who lose health plan coverage get a chance to choose to keep that coverage for a limited time. The election window must start by the day coverage ends, last at least 60 days, and stay open until at least 60 days after the later of the coverage end date or the date a person was given notice. If one person covered by the plan chooses continuation, that choice will count for other people who would also lose coverage for the same reason unless the choice says otherwise. If the plan has different kinds of coverage, each person can pick the kind they want. If someone becomes eligible for Trade Adjustment Assistance (TAA) and did not pick continuation during the regular election period, they can still elect coverage during a 60-day period that starts on the first day of the month they become TAA-eligible, but they must make that choice within 6 months after the TAA-related loss of coverage. That coverage begins at the start of that 60-day TAA election period and does not cover time before it. Definitions: “nonelecting TAA-eligible individual” — a TAA-eligible person who had a TAA-related loss and did not elect 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 election window tied to the TAA loss; “TAA-related loss of coverage” — loss of health benefits when someone is separated from employment that makes them TAA-eligible.