CHAPTER 1202A. TEMPORARY EXTENSION OF ELECTION PERIOD FOR CONTINUATION OF CERTAIN COVERAGE
INSURANCE CODE
TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES
SUBTITLE A. HEALTH COVERAGE IN GENERAL
CHAPTER 1202A. TEMPORARY EXTENSION OF ELECTION PERIOD FOR
CONTINUATION OF CERTAIN COVERAGE
For expiration of this chapter, see Section 1202A.002.
Sec. 1202A.001. EXTENSION OF ELECTION PERIOD. (a) For the
purposes of this section, an "extended election eligible
individual" means an employee, member, dependent, or enrollee:
(1) who became eligible for continuation coverage due to
involuntary termination, other than involuntary termination for
cause, under Subchapter F, Chapter 1251, or Subchapter G, Chapter
1271, at any time during the period that begins on September 1,
2008, and ends on February 16, 2009;
(2) who did not elect such coverage or whose elected
continuation coverage lapsed or was canceled without
reinstatement for a reason other than exhaustion of the maximum
period of continuation coverage allowable under law; and
(3) whose involuntary termination on which the eligibility is
based occurred during that same period.
(b) Notwithstanding Section 1251.253 or 1271.301, an extended
election eligible individual may elect continuation coverage
under this section beginning on the effective date of S.B. No.
1771, Acts of the 81st Legislature, Regular Session, 2009, and
ending on the 60th day after the date on which the notification
required by Subsection (e) is provided to the individual.
(c) The period of continuation coverage for an extended election
eligible individual who elects continuation coverage begins with
the first period of coverage beginning on or after the effective
date of S.B. No. 1771, Acts of the 81st Legislature, Regular
Session, 2009, and does not extend beyond the date the period of
continuation coverage would have ended if the coverage had been
elected during the election period required under the law as it
existed before the effective date of S.B. No. 1771, Acts of the
81st Legislature, Regular Session, 2009.
(d) With respect to an individual who elects continuation
coverage under Subsection (b), the period beginning on the date
the individual first became eligible for continuation coverage
and ending on the first day of the 60-day election period
described by Subsection (b) shall be disregarded for purposes of
determining a 63-day period referred to in 29 U.S.C. Section
1181(c)(2), 42 U.S.C. Section 300gg(c)(2), 26 U.S.C. Section
9801(c)(2), and Sections 846.202(d), 1501.102, and 1506.001(8).
(e) Not later than the 60th day after the effective date of S.B.
No. 1771, Acts of the 81st Legislature, Regular Session, 2009, an
employer or group policy or contract holder shall provide notice
to any former employee, member, dependent, or enrollee who is an
extended election eligible individual that includes:
(1) a description of the extended election period available to
the individual under this section;
(2) a description, displayed in a prominent manner, of the
individual's right to a reduced premium and any conditions on
entitlement to the reduced premium under the American Recovery
and Reinvestment Act of 2009 (Pub. L. No. 111-5);
(3) a form that allows the individual to request treatment as an
assistance eligible individual, as defined by the American
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), to
whom the premium subsidy would apply;
(4) the amount continuation coverage will cost and the period of
coverage available;
(5) an election form that includes the return address and the
due date for making the election; and
(6) notice that if the individual is entitled to the reduced
premium and later becomes eligible for other group health plan
coverage or Medicare, the individual must notify the employer in
writing or the individual may be subject to a tax penalty.
Added by Acts 2009, 81st Leg., R.S., Ch.
550, Sec. 1, eff. June 19, 2009.
Sec. 1202A.002. EXPIRATION OF CHAPTER. This chapter expires
September 1, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
550, Sec. 1, eff. June 19, 2009.