123STA T .456PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9af f il ia tedw it hon eo rm ore m u ltiem p lo y er plan s), that is different than c o v era g e under the plan in which such individual was enrolled at the time the q ualifying event occurred, and such coverage shall b e treated as COBRA continuation coverage for purposes of the applicable COBRA continuation coverage provision .( ii) R EQUIR E M E NTS . — An assistance eligible indi - vidual may elect to enroll in different coverage as described in clause (i) only if— ( I ) the employer involved has made a deter- mination that such employer will permit assistance eligible individuals to enroll in different coverage as provided for this subparagraph
(II) the premium for such different coverage does not e x ceed the premium for coverage in which the individual was enrolled at the time the quali- fying event occurred; (III) the different coverage in which the indi- vidual elects to enroll is coverage that is also offered to the active employees of the employer at the time at which such election is made; and (I V ) the different coverage is not— (aa) coverage that provides only dental, vision, counseling, or referral services (or a combination of such services); (bb) a flexible spending arrangement (as defined in section 106 (c)( 2 ) of the Internal Rev- enue Code of 1 98 6); or (cc) coverage that provides coverage for services or treatments furnished in an on-site medical facility maintained by the employer and that consists primarily of first-aid serv- ices, prevention and wellness care, or similar care (or a combination of such care). (C) P REMIUM REIM B URSEMENT.— F or provisions pro- viding the balance of such premium, see section 6 43 2of the Internal Revenue Code of 1986, as added by paragraph (12). (2) L IMIT A TI O NO FP ERIO D OF PREMIUM ASSISTAN C E.— (A) IN G ENERA L .—Paragraph (1)(A) shall not apply with respect to any assistance eligible individual for months of coverage beginning on or after the earlier of— (i) the first date that such individual is eligible for coverage under any other group health plan (other than coverage consisting of only dental, vision, coun- seling, or referral services (or a combination thereof), coverage under a flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986), or coverage of treatment that is fur- nished in an on-site medical facility maintained by the employer and that consists primarily of first-aid services, prevention and wellness care, or similar care (or a combination thereof)) or is eligible for benefits under title X VIII of the S ocial Security Act, or (ii) the earliest of—
