Michelle's Law Notice Requirements

[Mary C]

Michelle's Law extending coverage for 12 months for students who cannot attend school due to illness or injury will be effective for plan years beginning on and after 10/1/09. Part of the law requires employers to provide in "language that is understandable to the typical plan participant" the provisions of the continuation whenever we request certification of full-time student status. Does anyone know if the federal government plans to issue any model "language that is understandable to the typical plan participant" that can be used for this purpose? or are we on our own for drafting up a notice?

[Guest Benefit Specialist]

I do not know if a model notice will come out but here's our paragraph we added to the student verification letter.

A new law that is going into effect for plans beginning January 1, 2010 is called Michelle’s law. This law is a result of a medically necessary leave of absence from a post-secondary educational institution or other change in enrollment that: (1) begins while the child is suffering from a serious illness or injury; (2) is certified by a physician as being medically necessary; and (3) causes the child to lose student status for purposes of coverage under the plan. If the dependent child’s treating physician does not provide written documentation that the child is suffering from a serious illness or injury and that the leave of absence is medically necessary, the plan will not provide continued coverage.