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ARTICLE · 09 DECEMBER 2009

Michelle's Law

Dorsey & Whitney LLP
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Michelle's Law, passed last year, requires both self-funded and insured group health plans to provide up to one year of coverage for students who are on medically necessary leaves of absence from postsecondary educational institutions.

United StatesEmployment and HR
Courtney Colby
Courtney Colby
Jessica Forbes Olson
Jessica Forbes Olson

Michelle's Law, passed last year, requires both self-funded and insured group health plans to provide up to one year of coverage for students who are on medically necessary leaves of absence from postsecondary educational institutions. The law is effective for plan years beginning on or after October 9, 2009, making it effective January 1, 2010 for calendar year plans. Employers should review their plans to ensure compliance for the upcoming plan year.

Continuation Coverage During Medical Leaves of Absence

 Under Michelle's Law, an employer's group health plan must continue to provide coverage to a "dependent child" if the child takes a leave of absence from a postsecondary educational institution, or has a change in enrollment status, that:

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