Attachment
A
SEC. 203. HEALTH INSURANCE ASSISTANCE FOR ELIGIBLE
INDIVIDUALS.
(a)
ELIGIBILITY FOR GRANTS- Section 173(a) of the Workforce Investment Act of 1998
(29 U.S.C. 2918(a)) is amended--
(1) in
paragraph (2), by striking `and' at the end;
(2) in
paragraph (3), by striking the period and inserting `; and'; and
(3) by
adding at the end the following:
`(4) from
funds appropriated under section 174(c)--
`(A)
to a State or entity (as defined in section 173(c)(1)(B)) to carry out
subsection (f), including providing assistance to eligible individuals; and
`(B)
to a State or entity (as so defined) to carry out subsection (g), including
providing assistance to eligible individuals.'.
(b) USE OF
FUNDS FOR HEALTH INSURANCE COVERAGE- Section 173 of the Workforce Investment
Act of 1998 (29 U.S.C. 2918) is amended by adding at the end the following:
`(f) HEALTH
INSURANCE COVERAGE ASSISTANCE FOR ELIGIBLE INDIVIDUALS-
`(1) IN GENERAL- Funds made available to a
State or entity under paragraph (4)(A) of subsection (a) may be used by the
State or entity for the following:
`(A)
HEALTH INSURANCE COVERAGE- To assist an eligible individual and such individual's
qualifying family members in enrolling in qualified health insurance.
`(B)
ADMINISTRATIVE AND START-UP EXPENSES- To pay the administrative expenses
related to the enrollment of eligible individuals and such individuals'
qualifying family members in qualified health insurance, including--
`(i) eligibility verification activities;
`(ii) the notification of eligible individuals of available qualified
health insurance options;
`(iii) processing qualified health insurance costs credit eligibility
certificates provided for under section 7527 of the Internal Revenue Code of
1986;
`(iv) providing assistance to eligible individuals in enrolling in
qualified health insurance;
`(v) the development or installation of necessary data management
systems; and
`(vi) any other expenses determined appropriate by the Secretary,
including start-up costs and ongoing administrative expenses to carry out
clauses (iv) through (ix) of paragraph (2)(A).
`(2)
QUALIFIED HEALTH INSURANCE- For purposes of this subsection and subsection
(g)--
`(A)
IN GENERAL- The term `qualified health insurance' means any of the following:
`(i) Coverage under a COBRA continuation provision (as defined in
section 733(d)(1) of the Employee Retirement Income Security Act of 1974).
`(ii) State-based continuation coverage provided by the State under a
State law that requires such coverage.
`(iii) Coverage offered through a qualified State high risk pool (as
defined in section 2744(c)(2) of the Public Health Service Act).
`(iv) Coverage under a health insurance program offered for State
employees.
`(v) Coverage under a State-based health insurance program that is
comparable to the health insurance program offered for State employees.
`(vi) Coverage through an arrangement entered into by a State and--
`(I) a group health plan (including such a plan which is a
multi-employer plan as defined in section 3(37) of the Employee Retirement
Income Security Act of 1974),
`(II) an issuer of health insurance coverage,
`(III) an administrator, or
`(IV) an employer.
`(vii) Coverage offered through a State arrangement with a private
sector health care coverage purchasing pool.
`(viii) Coverage under a State-operated health plan that does not
receive any Federal financial participation.
`(ix) Coverage under a group health plan that is available through the
employment of the eligible individual's spouse.
`(x) In the case of any eligible individual and such individual's
qualifying family members, coverage under individual health insurance if the
eligible individual was covered under individual health insurance during the
entire 30-day period that ends on the date that such individual became
separated from the employment which qualified such individual for--
`(I) in the case of an eligible TAA recipient, the allowance described
in section 35(c)(2) of the Internal Revenue Code of 1986,
`(II) in the case of an eligible alternative TAA recipient, the benefit
described in section 35(c)(3)(B) of such Code, or
`(III) in the case of any eligible PBGC pension recipient, the benefit
described in section 35(c)(4)(B) of such Code.
For purposes of this clause, the term `individual health insurance'
means any insurance which constitutes medical care offered to individuals other
than in connection with a group health plan and does not include Federal- or
State-based health insurance coverage.
`(B)
REQUIREMENTS FOR STATE-BASED COVERAGE-
`(i) IN GENERAL- The term `qualified health insurance' does not include
any coverage described in clauses (ii) through (viii) of subparagraph (A)
unless the State involved has elected to have such coverage treated as
qualified health insurance under this paragraph and such coverage meets the
following requirements:
`(I) GUARANTEED ISSUE- Each qualifying individual is guaranteed
enrollment if the individual pays the premium for enrollment or provides a
qualified health insurance costs credit eligibility certificate described in
section 7527 of the Internal Revenue Code of 1986 and pays the remainder of
such premium.
`(II) NO IMPOSITION OF PREEXISTING CONDITION EXCLUSION- No
pre-existing condition limitations are imposed with respect to any qualifying
individual.
`(III) NONDISCRIMINATORY PREMIUM- The total premium (as determined
without regard to any subsidies) with respect to a qualifying individual may
not be greater than the total premium (as so determined) for a similarly
situated individual who is not a qualifying individual.
`(IV) SAME BENEFITS- Benefits under the coverage are the same as (or
substantially similar to) the benefits provided to similarly situated
individuals who are not qualifying individuals.
`(ii) QUALIFYING INDIVIDUAL- For purposes of this subparagraph, the term
`qualifying individual' means--
`(I) an eligible individual for whom, as of the date on which the
individual seeks to enroll in clauses (ii) through (viii) of subparagraph (A),
the aggregate of the periods of creditable coverage (as defined in section
9801(c) of the Internal Revenue Code of 1986) is 3 months or longer and who,
with respect to any month, meets the requirements of clauses (iii) and (iv) of
section 35(b)(1)(A) of such Code; and
`(II) the qualifying family members of such eligible individual.
`(C)
EXCEPTION- The term `qualified health insurance' shall not include--
`(i) a flexible spending or similar arrangement, and
`(ii) any insurance if substantially all of its coverage is of excepted
benefits described in section 733(c) of the Employee Retirement Income Security
Act of 1974.
`(3)
AVAILABILITY OF FUNDS-
`(A)
EXPEDITED PROCEDURES- With respect to applications submitted by States or
entities for grants under this subsection, the Secretary shall--
`(i) not later than 15 days after the date on which the Secretary
receives a completed application from a State or entity, notify the State or
entity of the determination of the Secretary with respect to the approval or
disapproval of such application;
`(ii) in the case of an application of a State or other entity that is
disapproved by the Secretary, provide technical assistance, at the request of
the State or entity, in a timely manner to enable the State or entity to submit
an approved application; and
`(iii) develop procedures to
expedite the provision of funds to States and entities with approved
applications.
`(B)
AVAILABILITY AND DISTRIBUTION OF FUNDS- The Secretary shall ensure that funds
made available under section 174(c)(1)(A) to carry out subsection (a)(4)(A) are
available to States and entities throughout the period described in section
174(c)(2)(A).
`(4)
ELIGIBLE INDIVIDUAL DEFINED- For purposes of this subsection and subsection
(g), the term `eligible individual' means--
`(A)
an eligible TAA recipient (as defined in section 35(c)(2) of the Internal
Revenue Code of 1986),
`(B)
an eligible alternative TAA recipient (as defined in section 35(c)(3) of the
Internal Revenue Code of 1986), and
`(C)
an eligible PBGC pension recipient (as defined in section 35(c)(4) of the
Internal Revenue Code of 1986),
who, as
of the first day of the month, does not have other specified coverage and is
not imprisoned under Federal, State, or local authority.
`(5)
QUALIFYING FAMILY MEMBER DEFINED- For purposes of this subsection and
subsection (g)--
`(A)
IN GENERAL- The term `qualifying family member' means--
`(i) the eligible individual's spouse, and
`(ii) any dependent of the eligible individual with respect to whom the
individual is entitled to a deduction under section 151(c) of the Internal
Revenue Code of 1986.
Such
term does not include any individual who has other specified coverage.
`(B)
SPECIAL DEPENDENCY TEST IN CASE OF DIVORCED PARENTS, ETC- If paragraph (2) or
(4) of section 152(e) of such Code applies to any child with respect to any
calendar year, in the case of any taxable year beginning in such calendar year,
such child shall be treated as described in subparagraph (A)(ii) with respect
to the custodial parent (within the meaning of section 152(e)(1) of such Code)
and not with respect to the noncustodial parent.
`(6) STATE- For purposes of this
subsection and subsection (g), the term `State' includes an entity as defined
in subsection (c)(1)(B).
`(7)
OTHER SPECIFIED COVERAGE- For purposes of this subsection, an individual has
other specified coverage for any month if, as of the first day of such month--
`(A)
SUBSIDIZED COVERAGE-
`(i) IN GENERAL- Such individual is covered under any insurance which
constitutes medical care (except insurance substantially all of the coverage of
which is of excepted benefits described in section 9832(c) of the Internal
Revenue Code of 1986) under any health plan maintained by any employer (or
former employer) of the taxpayer or the taxpayer's spouse and at least 50
percent of the cost of such coverage (determined under section 4980B of such
Code) is paid or incurred by the employer.
`(ii) ELIGIBLE ALTERNATIVE TAA RECIPIENTS- In the case of an eligible
alternative TAA recipient (as defined in section 35(c)(3) of the Internal
Revenue Code of 1986), such individual is either--
`(I) eligible for coverage under any qualified health insurance (other
than insurance described in clause (i), (ii), or (vi) of paragraph (2)(A))
under which at least 50 percent of the cost of coverage (determined under
section 4980B(f)(4) of such Code) is paid or incurred by an employer (or former
employer) of the taxpayer or the taxpayer's spouse, or
`(II) covered under any such qualified health insurance under which any
portion of the cost of coverage (as so determined) is paid or incurred by an
employer (or former employer) of the taxpayer or the taxpayer's spouse.
`(iii) TREATMENT OF CAFETERIA PLANS- For purposes of clauses (i) and
(ii), the cost of coverage shall be treated as paid or incurred by an employer
to the extent the coverage is in lieu of a right to receive cash or other
qualified benefits under a cafeteria plan (as defined in section 125(d) of the
Internal Revenue Code of 1986).
`(B)
COVERAGE UNDER MEDICARE, MEDICAID, OR SCHIP- Such individual--
`(i) is entitled to benefits under part A of title XVIII of the Social
Security Act or is enrolled under part B of such title, or
`(ii) is enrolled in the program under title XIX or XXI of such Act
(other than under section 1928 of such Act).
`(C)
CERTAIN OTHER COVERAGE- Such individual--
`(i) is enrolled in a health benefits plan under chapter 89 of title 5,
United States Code, or
`(ii) is entitled to receive benefits under chapter 55 of title 10,
United States Code.
`(g) INTERIM
HEALTH INSURANCE COVERAGE AND OTHER ASSISTANCE-
`(1) IN GENERAL-
Funds made available to a State or entity under paragraph (4)(B) of subsection
(a) may be used by the State or entity to provide assistance and support
services to eligible individuals, including health care coverage to the extent
provided under subsection (f)(1)(A), transportation, child care, dependent
care, and income assistance.
`(2)
INCOME SUPPORT- With respect to any income assistance provided to an eligible
individual with such funds, such assistance shall supplement and not supplant
other income support or assistance provided under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as in effect on the day before the
effective date of the Trade Act of 2002) or the unemployment compensation laws
of the State where the eligible individual resides.
`(3)
HEALTH INSURANCE COVERAGE- With respect to any assistance provided to an
eligible individual with such funds in enrolling in qualified health insurance,
the following rules shall apply:
`(A)
The State or entity may provide assistance in obtaining such coverage to the
eligible individual and to such individual's qualifying family members.
`(B)
Such assistance shall supplement and may not supplant any other State or local
funds used to provide health care coverage and may not be included in
determining the amount of non-Federal contributions required under any program.
`(4)
AVAILABILITY OF FUNDS-
`(A)
EXPEDITED PROCEDURES- With respect to applications submitted by States or
entities for grants under this subsection, the Secretary shall--
`(i) not later than 15 days after the date on which the Secretary
receives a completed application from a State or entity, notify the State or
entity of the determination of the Secretary with respect to the approval or
disapproval of such application;
`(ii) in the case of an application of a State or entity that is
disapproved by the Secretary, provide technical assistance, at the request of
the State or entity, in a timely manner to enable the State or entity to submit
an approved application; and
`(iii) develop procedures to expedite the provision of funds to States
and entities with approved applications.
`(B)
AVAILABILITY AND DISTRIBUTION OF FUNDS- The Secretary shall ensure that funds
made available under section 174(c)(1)(B) to carry out subsection (a)(4)(B) are
available to States and entities throughout the period described in section 174(c)(2)(B).
`(5)
INCLUSION OF CERTAIN INDIVIDUALS AS ELIGIBLE INDIVIDUALS- For purposes of this
subsection, the term `eligible individual' includes an individual who is a
member of a group of workers certified after April 1, 2002, under chapter 2 of
title II of the Trade Act of 1974 (as in effect on the day before the effective
date of the Trade Act of 2002) and is participating in the trade adjustment
allowance program under such chapter (as so in effect) or who would be
determined to be participating in such program under such chapter (as so in
effect) if such chapter were applied without regard to section 231(a)(3)(B) of
the Trade Act of 1974 (as so in effect).'.
(c)
AUTHORIZATION OF APPROPRIATIONS- Section 174 of the Workforce Investment Act of
1998 (29 U.S.C. 2919) is amended by adding at the end the following:
`(c)
ASSISTANCE FOR ELIGIBLE WORKERS-
`(1)
AUTHORIZATION AND APPROPRIATION FOR FISCAL YEAR 2002- There are authorized to
be appropriated and appropriated--
`(A) to carry out subsection
(a)(4)(A) of section 173, $10,000,000 for fiscal year 2002; and `(B) to carry
out subsection (a)(4)(B) of section 173, $50,000,000 for fiscal year 2002.
`(2)
AUTHORIZATION OF APPROPRIATIONS FOR SUBSEQUENT FISCAL YEARS- There are
authorized to be appropriated--
`(A)
to carry out subsection (a)(4)(A) of section 173, $60,000,000 for each of
fiscal years 2003 through 2007; and
`(B)
to carry out subsection (a)(4)(B) of section 173--
`(i) $100,000,000 for fiscal year 2003; and
`(ii) $50,000,000 for fiscal year 2004.
`(3)
AVAILABILITY OF FUNDS- Funds appropriated pursuant to--
`(A)
paragraphs (1)(A) and (2)(A) for each fiscal year shall, notwithstanding
section 189(g), remain available for obligation during the pendency of any
outstanding claim under the Trade Act of 1974, as amended by the Trade Act of
2002; and
`(B)
paragraph (1)(B) and (2)(B), for each fiscal year shall, notwithstanding
section 189(g), remain available during the period that begins on the date of
enactment of the Trade Act of 2002 and ends on September 30, 2004.'.
(d) CONFORMING
AMENDMENT- Section 132(a)(2)(A) of the Workforce Investment Act of 1998 (29
U.S.C. 2862(a)(2)(A)) is amended by inserting `, other than under subsection
(a)(4), (f), and (g)' after `grants'.