§300bb–5 Election

Summary

When someone loses health plan coverage because of a qualifying event, they must be given at least a 60-day election period to choose continuation coverage. That election period must start no later than the date coverage ends. It must stay open at least 60 days after the later of the coverage-end date or, if later, the date the person gets certain notice. If one qualified person elects continuation for themselves, that choice is treated as covering other family members who would lose coverage, unless the election says otherwise. If the plan offers different kinds of coverage, each qualified person can pick their own type. Special rules for Trade Adjustment Assistance (TAA): a TAA-eligible person who did not elect continuation during the normal TAA election time can still choose continuation during the 60-day period that starts on the first day of the month they become TAA-eligible, but only if they make the choice within 6 months of the TAA-related loss of coverage. Any coverage chosen this way starts at the beginning of that 60-day window and does not cover time before it. Definitions: election period = time to choose continuation; nonelecting TAA-eligible individual = a TAA-eligible person who lost coverage and did not elect during the TAA election period; TAA-eligible individual = someone eligible for TAA or alternative TAA; TAA-related election period = the 60-day window tied to the TAA loss; TAA-related loss of coverage = losing health benefits because of the job separation that made them TAA-eligible.