Michelle's Law

[French]

Does Michelle's Law apply to a Dental or Vision plan when it is NOT part of a health plan?

[GBurns]

Why do you not regard Dental and Vision as being health plans ?

What coverage does your employee health plan provide ? Medical only?

[French]

I asked the question because we had received a "compliance alert" from our broker that contained the following language:

This law applies to fully insured and self-funded (ERISA and non-ERISA) Group and Individual medical, pharmacy, behavioral health and, when part of the health plan, dental and vision coverage.

[GBurns]

I see nothing in that law that states "when part of" anything. The law coovers both group and individual plans and also covers insurers issuing such coverage.

Dental and Vison coverage are health plans just as is medical coverage.

If I were you, I would not put much stock iin any 1 "Compliance Alert", but would look at a few for general conscensus, then read the actual law itself, it is only a few pages long.

[French]

Thanks. Having reviewed the language of the legislation, I agree with your comments. Do not understand how/why our broker interpreted it to read "when part of" so glad that I asked.

[oriecat]

You should ask them what they mean by that, so if they are misleading people, they could send out a correction.

[Mary C]

Actually, that is a good question. A lot of legislation that applies to health care plans does not apply to stand alone dental or vision plans.

[TheRestatement3dOfTed]

Actually, that is a good question. A lot of legislation that applies to health care plans does not apply to stand alone dental or vision plans.

Might want to check out the exceptions for GHPs offering only "excepted benefits," including limited-scope dental/vision plans that are distinct from group health plans offering non-excepted benefits. ERISA §732© (i.e., that §§701-734 don't apply to GHPs that offer only HIPAA excepted benefits; Michelle's Law is found at ERISA §714, IIRC).

Cheers.