Page:United States Statutes at Large Volume 123.djvu/85

 123STA T .65PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9as s i s t a ncefor t h e pu rchase of co v era g eun d era group hea l th plan , shall provide to each e m plo y ee a w ritten notice informing the employee of poten - tial opportunities then currently availa b le in the S tate in which the employee resides for premium assistance under such plans for health coverage of the employee or the employee ’ s dependents .F or purposes of compliance with this clause, the employer may use any State-specific model notice developed in accordance with section 701( f ) ( 3 )( B )(i)( I I) of the E mployee R etirement Income Security A ctof1 9 7 4 ( 2 9 U .S. C . 11 8 1(f)(3)(B)(i)(II)). ‘ ‘(II) OPTION TOP R O V I DEC ONC U RRENT W IT H PROVI S ION O F P LA N M ATERIALS TO EMPLO Y EE. — An employer may provide the model notice applicable to the State in which an employee resides concur- rent with the furnishing of materials notifying the employee of health plan eligibility, concurrent with materials provided to the employee in connection with an open season or election process conducted under the plan, or concurrent with the furnishing of the summary plan description as provided in section 104(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024). ‘‘(ii) D ISCLOSURE A B OUT G ROUP HEALTH PLAN BENE- FITS TO STATES FOR MEDICAID AND CHIP ELIGIBLE INDIVIDUALS.—In the case of a participant or bene- ficiary of a group health plan who is covered under a M edicaid plan of a State under title X IX of the Social Security Act or under a State child health plan under title XXI of such Act, the plan administrator of the group health plan shall disclose to the State, upon re q uest, information about the benefits available under the group health plan in sufficient specificity, as determined under regulations of the Secretary of H ealth and Human Services in consultation with the Secretary that require use of the model coverage coordination disclosure form developed under section 311(b)(1)(C) of the Children’s Health Insurance P ro- gram Reauthori z ation Act of 2009, so as to permit the State to ma k e a determination (under paragraph (2)(B), (3), or (10) of section 210 5 (c) of the Social Secu- rity Act or otherwise) concerning the cost-effectiveness of the State providing medical or child health assist- ance through premium assistance for the purchase of coverage under such group health plan and in order for the State to provide supplemental benefits required under paragraph (10)(E) of such section or other authority.’’. (b) CONFORMING AMENDMENTS.— (1) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECU- RITY ACT.— (A) IN GENERAL.—Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following new para- graph