Share this
Twitter
Myspace
Digg
Del.icio.us
Reddit
Slashdot
Furl
Yahoo
Technorati
Newsvine
Facebook
Export PDF
Print
E-mail
Tags
BY IRENE C. CARD AND BETSY CHANDLER
NEWJERSEYNEWSROOM.COM
YOUR HEALTH INSURANCE
The new federal Michelle's Law amends the Employee Retirement Income Security Act of 1974 to ensure that dependent students who take a medically necessary leave of absence do not lose health coverage. It becomes effective October 9, 2009. This is exciting legislation coming out of Washington, for a change.
Michelle's Law provides that an individual or group health plan may not terminate a dependent child's health coverage simply because the child takes a medically necessary leave of absence from school or changes to part-time status. The leave of absence must be medically necessary and commence while the child is suffering from a serious illness or injury.
To take advantage of the extension, the child must have been enrolled in the health plan on the basis of being a student at a post-secondary educational institution immediately before the first day of the leave. Coverage must extend for one year after the first day of the leave or, if earlier, until the date coverage would otherwise terminate under the plan. The student on leave is entitled to the same benefits as if he/she had not taken a leave. If coverage changes during the student's leave and the changed coverage still continues to provide coverage for the student, then the student's coverage must still be continued until it can be otherwise ended according to the plan's rules.The individual insurance plan or the group health plan must receive written certification from the child's treating physician stating that the child is suffering from a serious illness or injury, and that the leave (or change of student enrollment) is medically necessary. In addition, when sending any notice describing the plan's student certification requirements for coverage, the plan also must include a description of the terms for continued coverage under this law.
Irene Card & Betsy Chandler are both licensed insurance professionals working at MIC Insurance Services, a health insurance services company. If you have questions relative to this column or other related topics, we invite you to call (973) 492-2828, browse our past columns on our web site at www.micinsurance.com.
