Page:United States Statutes at Large Volume 122.djvu/4107

 12 2 STA T .408 4 PUBLIC LA W 110 –3 81 —O CT. 9, 2008 andth at th el ea v e of a bs en c e ( o r other chan g e of enroll m ent ) descr i bedins u bsection (a) is medicall y necessary .‘ ‘(c) NOTICE . —A grou p health plan , and a health insurance issuer providing health insurance coverage in connection w ith a group health plan, shall include, with any notice regarding a re q uirement for certification of student status for coverage under the plan or coverage, a description of the terms of this section for continued coverage during medically necessary leaves of absence. S uch description shall be in language which is understandable to the typical plan participant. ‘‘(d) NO CHANG EIN B ENE F IT S .—A dependent child whose bene - fits are continued under this section shall be entitled to the same benefits as if (during the medically necessary leave of absence) the child continued to be a covered student at the institution of higher education and was not on a medically necessary leave of absence. ‘‘(e) CONTIN U E D A P P L ICATION IN CASE OF CHANGED CO V - E R AGE.— I f— ‘‘( 1 ) a dependent child of a participant or beneficiary is in a period of coverage under a group health plan or health insurance coverage offered in connection with such a plan, pursuant to a medically necessary leave of absence of the child described in subsection (b) ‘‘( 2 ) the manner in which the participant or beneficiary is covered under the plan changes, whether through a change in health insurance coverage or health insurance issuer, a change between health insurance coverage and self-insured coverage, or otherwise; and ‘‘( 3 ) the coverage as so changed continues to provide cov- erage of beneficiaries as dependent children, this section shall apply to coverage of the child under the changed coverage for the remainder of the period of the medically necessary leave of absence of the dependent child under the plan in the same manner as it would have applied if the changed coverage had been the previous coverage. ’ ’. (2) INDIVIDUAL M AR K ET.—Subpart 3 of part B of title X X V II of such Act ( 4 2 U .S.C. 3 0 0gg –5 1 et seq.) is amended by adding at the end the following new section

‘ SEC.2753 . C OV E RAG EO FD E P E N DEN T ST U DENTS ON M ED I CA L L Y NECESSARY LEAVE OF A B SENCE. ‘‘ T he provisions of section 2 7 07 shall apply to health insurance coverage offered by a health insurance issuer in the individual mar k et in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.’’. (c) AMENDMENTS TO THE INTERNAL R EVENUE CODE.— (1) IN GENERAL.—Subchapter B of chapter 100 of the Internal Revenue Code of 1 986 (relating to other group health plan requirements) is amended by inserting after section 9812 the following new section: ‘‘SEC. 981 3. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ‘‘(a) M EDICALL Y NECESSARY L EAVE OF A B SENCE.—In this sec- tion, the term ‘medically necessary leave of absence’ means, with respect to a dependent child described in subsection (b)(2) in connec- tion with a group health plan, a leave of absence of such child 26USC9813.Ap p licab ili ty . 4 2 USC 3 0 0 g g –5 4.

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