Page:United States Statutes at Large Volume 122.djvu/4108

 12 2 STA T .4085PUBLIC LA W 110 –3 81 —O CT. 9, 2008 fromap o st s ec o nd ar y ed u cat i ona l institution ( includin g an institu - tion of h igher education as defined in section 102 of the H igher E ducation A ctof1 965), or any other change in enrollment of such child at such an institution, that —‘ ‘(1) commences w hile such child is suffering from a serious illness or in j ury ‘‘(2) is medically necessary; and ‘‘( 3 ) causes such child to lose student status for purposes of co v erage under the terms of the plan or coverage . ‘‘( b ) REQUIR E M E NT T OC ONTINUE CO V ER AG E.— ‘‘(1) I N GENERA L .—In the case of a dependent child described in paragraph (2), a group health plan shall not termi- nate coverage of such child under such plan due to a medically necessary leave of absence before the date that is the earlier of— ‘‘(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ‘‘( B ) the date on which such coverage would otherwise terminate under the terms of the plan. ‘‘(2) D E P EN D ENT CH ILD DE S CRI B ED.—A dependent child described in this paragraph is, with respect to a group health plan, a beneficiary under the plan who— ‘‘(A) is a dependent child, under the terms of the plan, of a participant or beneficiary under the plan; and ‘‘(B) was enrolled in the plan, on the basis of being a student at a postsecondary educational institution (as described in subsection (a)), immediately before the first day of the medically necessary leave of absence involved. ‘‘(3) CERTI F ICATION B Y PHYSICIAN.— P aragraph (1) shall apply to a group health plan only if the plan, or the issuer of health insurance coverage offered in connection with the plan, has received written certification by a treating physician of the dependent child which states that the child is suffering from a serious illness or injury and that the leave of absence (or other change of enrollment) described in subsection (a) is medically necessary. ‘‘(c) N OTICE.—A group health plan shall include, with any notice regarding a re q uirement for certification of student status for cov- erage under the plan, 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 CHANGE IN BENEFITS.—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) CONTINUED APPLICATION IN CASE OF CHANGED COV- ERAGE.—If— ‘‘(1) a dependent child of a participant or beneficiary is in a period of coverage under a group health 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 Ap p licab ili ty.

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