§300bb–5 Election

Summary

Gives people a clear time window to choose to keep their health coverage after a qualifying event. The election period must start no later than the day your coverage ends, must last at least 60 days, and must extend until at least 60 days after the later of the coverage end or the date you were given notice. If one qualified person signs up for continuation coverage, that choice is treated as covering any other qualified people who would lose coverage from the same event unless the election says otherwise. If the plan has different kinds of coverage, each person may pick the type they want. Offers a special 60-day chance for certain Trade Adjustment Assistance (TAA) people who did not elect earlier. A nonelecting TAA-eligible person may elect during the 60-day period that starts the first day of the month they become TAA-eligible, but they must make that election within 6 months of the TAA-related loss of coverage. Coverage starts at the beginning of that 60-day period and does not cover time before it. The time from the TAA-related loss until the start of that 60-day period is ignored when counting the 63-day preexisting-condition break. Definitions: Election period (time to choose coverage); Nonelecting TAA-eligible individual (TAA-eligible person who did not elect earlier); TAA-eligible individual (eligible TAA recipient or eligible alternative TAA recipient); TAA-related election period (the 60-day TAA window); TAA-related loss of coverage (loss of health benefits tied to separation that makes someone TAA-eligible).