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Michelle’s Law

September 24, 2013

Michelle’s Law prohibits a group health plan from terminating coverage of a dependent child due to a medically necessary leave of absence from, or any other change in enrollment at a postsecondary education institution that begins while the child is suffering from a serious illness or injury and that causes a loss of student status for purposes of coverage under the plan, before the earlier of:

  1. One year after the first day of the medically necessary leave of absence
    or
  2. The date on which such coverage would otherwise terminate under the terms of the plan

The law requires written certification by the child’s treating physician and directs group health plans to include notice of the terms of this act with any notice regarding a requirement for certification of student status for coverage under the plan. Further, the law provides that coverage under this act continues in the manner in which the participant or beneficiary is covered under the plan changes, so long as the change of coverage continues to provide coverage of beneficiaries as dependent children.

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