Michelle's Law: Still Relevant Or Outdated?

Michelle's Law, passed in 2008 and signed into federal law in October 2009, requires that college students be allowed to take up to 12 months of medical leave from school and work without losing their health insurance. The law was inspired by Michelle Morse, a student at Plymouth State University in New Hampshire, who was diagnosed with cancer in 2003. At the time, her insurance was tied to her status as a full-time student, and she risked losing her insurance if she reduced her course load to accommodate the intensity of her chemotherapy treatments. Today, the question remains: does Michelle's Law still apply?

Who was Michelle's Law named after?

Michelle's Law was named after Michelle Morse, a student at Plymouth State University in New Hampshire. In 2003, Morse was diagnosed with cancer. Her doctor stated that she needed to quit school to undergo therapy, but she found that taking a leave of absence would nullify her insurance. Instead, she continued her studies while undergoing therapy, maintaining a 3.0 grade point average, teaching classes, and campaigning for laws that would protect student health benefits.

Morse graduated cum laude in May 2005 and passed away on November 10, 2005, aged 22. Michelle's Law, inspired by her efforts, was passed in 2008 and signed into federal law by President George W. Bush in October 2009. The law requires group health plans and health insurance issuers to continue coverage for dependent college students who are forced to take a medically necessary leave of absence from school. It ensures that students can take up to 12 months of medical leave from both school and work without losing their health insurance coverage.

What does Michelle's Law govern?

Michelle's Law, passed in 2008 and signed into federal law in October 2009, governs medical leave for college students. It requires that college students be allowed to take up to 12 months of medical leave from both school and work. The law applies to both self-funded and insured group health plans, which must provide up to one year of coverage for students who are on medically necessary leaves of absence from postsecondary educational institutions.

A "medically necessary leave of absence" refers to a situation where a dependent child, in connection with a group health plan or health insurance coverage, takes a leave of absence from a postsecondary educational institution while suffering from a serious illness or injury. The leave of absence must be confirmed in writing by the treating physician and cause the child to lose their student status for coverage under the plan.

The law ensures that a dependent child's coverage is not terminated due to a medically necessary leave of absence that causes a loss of student status before the earlier of two dates: one year after the first day of the leave of absence, or the date on which such coverage would otherwise terminate under the plan.

Michelle's Law was inspired by Michelle Morse, a student at Plymouth State University in New Hampshire who was diagnosed with cancer in 2003. She found that taking a leave of absence from school would nullify her insurance coverage. Despite her diagnosis, Morse continued her studies while undergoing therapy, maintaining a GPA of over 3.0, teaching classes, and advocating for laws to protect student health benefits.

When was Michelle's Law passed?

Michelle's Law was passed in 2008 and signed into federal law in October 2009 by President George W. Bush. The law was inspired by Michelle Morse, a student at Plymouth State University in New Hampshire, who was diagnosed with colon cancer in 2006. Due to the intensity of her chemotherapy treatments, Michelle's doctor recommended that she reduce her course load. However, at the time, her insurance was tied to her status as a full-time student, which created a dilemma for her. Michelle's mother took the issue to the New Hampshire legislature, which passed what became known as Michelle's Law.

The law 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. It is important to note that Michelle's Law applies to both college and high school students. The date that the medical leave begins is determined by the student's physician, not their employer or school institution.

The law is effective for plan years starting 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. Michelle's Law requires an employer's group health plan to continue providing 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 due to a serious injury or illness. The "dependent child" must be confirmed in writing by the student's treating physician and must have been enrolled in the plan as a student at a postsecondary educational institution immediately before the medical leave of absence began.

The level of benefits provided to the child during the continuation coverage must remain the same as if the child had continued as a covered student, and the premium charged to the employee must also remain unchanged. Employers must provide notice of the continuation coverage available under Michelle's Law and include information about it in any notice regarding the requirement for certification of student status. Summary plan descriptions should be updated to reflect the requirements of Michelle's Law.

What was the purpose of Michelle's Law?

Michelle's Law was established to ensure that students on medical leave from postsecondary educational institutions can maintain their health insurance coverage for up to one year. The law applies to both self-funded and insured group health plans and aims to protect students who need to take a leave of absence due to serious illness or injury.

The law was inspired by a student named Michelle, who, while attending Plymouth State University in 2006, was diagnosed with colon cancer and required chemotherapy treatments. Michelle's doctor recommended she reduce her course load, which would have resulted in a loss of her full-time student status and, consequently, her insurance coverage. Facing high COBRA premiums, Michelle's mother took the issue to the New Hampshire legislature, which passed Michelle's Law.

Michelle's Law mandates that a "dependent child" under a group health plan can take a medically necessary leave of absence from their postsecondary educational institution without losing their health coverage. The law defines a "dependent child" as a beneficiary who is a dependent child under the terms of the plan and was enrolled based on being a student at a postsecondary educational institution before the medical leave began. The coverage must be provided for up to one year or until the coverage would have otherwise terminated under the plan's terms.

The law also specifies that the level of benefits and premiums during the continuation coverage must remain the same as if the child had maintained their regular student status. Additionally, the employer's group health plan must provide participants with notice of the continuation coverage available under Michelle's Law.

Michelle's Law is applicable to both college and high school students and is federally mandated, ensuring that students across the United States have access to essential health coverage during medical leaves of absence.

Does Michelle's Law apply to high school students?

Michelle's Law, passed in 2008 and signed into federal law in October 2009, governs medical leave for students. The law requires that students be allowed to take up to 12 months of medical leave from both school and work without losing their health insurance. This law applies to both college and high school students.

The law was inspired by Michelle Morse, a student at Plymouth State University in New Hampshire who was diagnosed with colon cancer in 2003. Her doctor recommended that she take a leave of absence from school to undergo treatment, but she found that doing so would nullify her insurance. Instead, Morse chose to continue her studies while undergoing therapy, maintaining a 3.0 grade point average, teaching classes, and campaigning for laws to protect student health benefits. Sadly, she passed away in November 2005.

Michelle's Law ensures that students on medically necessary leaves of absence from postsecondary educational institutions do not lose their health coverage. A "dependent child" in this context is defined as a child who is a dependent of a participant or beneficiary under the terms of the plan and was enrolled in the plan as a student at a postsecondary educational institution before the medical leave began. The law requires that the group health plan continue the child's coverage for up to one year or until coverage would have otherwise terminated under the plan's terms. The level of benefits and premiums must remain the same as if the child had maintained regular student status.

It's important to note that Michelle's Law may interact with other laws and provisions, such as COBRA and the Affordable Care Act, which generally requires group health plans to provide dependent coverage until the age of 26. Employers should review their plans to ensure compliance with all applicable laws and regulations.

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