S. 3796Senate117th Congress (2021-2023)In Committee

Closing Health Coverage Gaps for Public Servants Act

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Updated February 8, 2026 at 9:59 AM UTC

The Closing Health Coverage Gaps for Public Servants Act removes the ability of non‑federal government health plans to opt out of certain coverage requirements. It adds a new rule that ends any election to opt out once the law takes effect, with a 180‑day grace period for existing elections. The change mainly affects public‑sector health plans that currently use the opt‑out provision, aiming to keep coverage in place for public employees.

Key Provisions

Amends Section 2722(a)(2) of the Public Health Service Act to add a new subparagraph (F) that sunsets the election option, prohibiting any new opt‑out elections after the law’s enactment.
Sets a 180‑day deadline after enactment after which existing opt‑out elections cannot be renewed, unless the plan is a collectively bargained plan with multiple agreements, in which case the election can extend until the last agreement’s term ends.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

March 10, 2022

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SenateIntro Referral

Introduced in Senate

March 10, 2022

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

March 10, 2022

Bill Text

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Introduced in SenateIssued March 10, 2022

117th CONGRESS

2d Session

S. 3796

IN THE SENATE OF THE UNITED STATES

March 10 (legislative day, March 7), 2022

Mr. Murphy (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To eliminate the opt-out for nonfederal governmental health plans.

Short title

This Act may be cited as the Closing Health Coverage Gaps for Public Servants Act.

Eliminating the opt-out for nonfederal governmental health plans

Section 2722(a)(2) of the Public Health Service Act (42 U.S.C. 300gg–21(a)(2)) is amended by adding at the end the following new subparagraph:

(F)

Sunset of election option

(i)

In general

Notwithstanding the preceding provisions of this paragraph—

(I)

no election described in subparagraph (A) may be made on or after the date of enactment of this subparagraph; and

(II)

except as provided in clause (ii), no such election expiring on or after the date that is 180 days after the date of such enactment may be renewed.

(ii)

Exception for certain collectively bargained plans

Notwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election in effect under subparagraph (A) as of the date of enactment of this subparagraph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires.