What is michelles law

Sadly, Michelle lost her battle with cancer on November 10, , but her family to continued to fight for her. In , the state of New Hampshire passed a law to help students in similar situations as Michelle.

During the leave of absence, the employer sponsored plan must continue to treat the dependent as if they were a full-time student, and regular premiums including employer contributions must continue to apply. The notice must include details about the month leave of absence. The ACA, among other things, now requires health plans to extend coverage to dependent children up to age 26, regardless of student status.

This means employers cannot base dependent eligibility for coverage on student status, unless the employer-sponsored plan allows coverage for dependents beyond age 26 and bases eligibility for such dependent coverage on student status. Skip to main content. Back to Resource Center. Nonetheless, under some circumstances, such as a plan that provides dependent coverage beyond age 26, Michelle's Law provisions may apply. Does the plan comply with the Michelle's Law requirement not to terminate coverage of dependent students on medically necessary leave of absence?

Medically necessary leave of absence means with respect to a dependent child in connection with a group health plan or health insurance coverage offered in connection with a group health plan, a leave of absence from or other change in enrollment status in a postsecondary educational institution that begins while the child is suffering from a serious illness or injury; is medically necessary; and causes the child to lose student status for purposes of coverage under the terms of the plan or coverage.

A dependent child is a beneficiary who is a dependent child under the terms of the plan or coverage, of a participant or beneficiary under the plan or coverage and who was enrolled in the plan or coverage on the basis of being a student at a postsecondary educational institution immediately before the first day of the medically necessary leave of absence involved.

Tip : The group health plan or issuer can require receipt of written certification by a treating physician of the dependent child which states that the dependent child is suffering from a serious illness or injury and that the leave of absence or other change of enrollment is medically necessary.