H.R. 2851House110th Congress (2007-2009)Enacted

Michelle's Law

Introduced June 25, 2007

Legislative Activity

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28 earlier actions
Became Law Latest Action

Became Public Law No: 110-381.

October 9, 2008

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HouseIntro Referral

Introduced in House

June 25, 2007

HouseCommittee

Referred to the Subcommittee on Health.

June 25, 2007

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

June 25, 2007

HouseCommittee

Referred to the Subcommittee on Trade.

July 3, 2007

HouseCommittee

Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.

September 11, 2007

HouseCommittee

Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

September 11, 2007

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

July 9, 2008

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

July 9, 2008

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 16, 2008

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 40 - 0.

July 16, 2008

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-806, Part I.

July 30, 2008

HouseCommittee

Committee on Education and Labor discharged.

July 30, 2008

HouseCommittee

Committee on Ways and Means discharged.

July 30, 2008

HouseCalendars

Placed on the Union Calendar, Calendar No. 522.

July 30, 2008

HouseFloor

Mr. Pallone moved to suspend the rules and pass the bill, as amended.

July 30, 2008 • 3:52 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7541-7546)

July 30, 2008 • 3:52 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2851.

July 30, 2008 • 3:52 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7541-7543)

July 30, 2008 • 4:04 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7541-7543)

July 30, 2008 • 4:04 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 30, 2008 • 4:04 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

July 31, 2008

SenateCommittee

Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S9459)

September 25, 2008

SenateDischarge

Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S9459)

September 25, 2008

SenateFloor

Passed Senate without amendment by Unanimous Consent.

September 25, 2008

SenateFloor

Message on Senate action sent to the House.

September 25, 2008

HouseAction

Cleared for White House.

September 25, 2008

President

Presented to President.

September 30, 2008

Became Law

Signed by President.

October 9, 2008

Became Law

Became Public Law No: 110-381.

October 9, 2008

Floor Debate

9 members

What members said about H.R. 2851 on the floor

2 Republicans7 Democrats
Paul W. Hodes
Rep. Paul W. HodesD-NH-2 · Jul 30, 2008

I thank the gentleman for yielding. I rise today in support of this bill, Michelle's Law, which honors the memory and life and struggle of Michelle Morse. Michelle's mother, AnnMarie, and her…

Michael N. Castle
Rep. Michael N. CastleR-DE · Jul 30, 2008

Madam Speaker, I thank the gentleman from Georgia for yielding to me. I also rise to ask my colleagues to support the legislation before us today, Michelle's Law, which will prohibit insurers and…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 30, 2008

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2851) to amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Aug 1, 2008

Madam Speaker, I rise to voice my strong support for H.R. 2851, Michelle's Law. This important legislation amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Jul 30, 2008

Madam Speaker, I am pleased to rise in support of Michelle's Law. This is a small, but important piece of legislation that will give many college students the sense of security that they deserve…

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George Miller
Rep. George MillerD-CA-7 · Jul 30, 2008

Madam Speaker, I want to thank Representatives Hodes for introducing H.R. 2851, also known as Michelle's Law, and for his hard work in bringing the legislation to the House floor today. H.R. 2851 is…

Nathan Deal
Rep. Nathan DealR-GA-9 · Jul 30, 2008

Mr. Speaker, I rise in support of H.R. 2851, which is commonly known as Michelle's Law. I would like to thank Mr. Hodes from New Hampshire and Mr. Castle from Delaware for introducing this important…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jul 30, 2008

Madam Speaker, I rise today in support of H.R. 2851, ``Michelle's Law.'' This legislation protects students that are covered under their parents' health plan from losing their health insurance if…

Harry Reid
Sen. Harry ReidD-NV · Sep 25, 2008

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be discharged from further consideration of H.R. 2851 and the Senate proceed to its consideration.…

Bill Text

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Enrolled BillIssued September 26, 2008

One Hundred Tenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

H. R. 2851

AN ACT

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes.

1.

Short title

This Act may be cited as Michelle's Law.

2.

Coverage of dependent students on medically necessary leave of absence

(a)

Amendments of ERISA

(1)

In general

Subpart B of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following:

714.

Coverage of dependent students on medically necessary leave of absence

(a)

Medically necessary leave of absence

In this section, the term medically necessary leave of absence means, with respect to a dependent child described in subsection (b)(2) in connection with a group health plan or health insurance coverage offered in connection with such plan, a leave of absence of such child from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965), or any other change in enrollment of such child at such an institution, that—

(1)

commences while such child is suffering from a serious illness or injury;

(2)

is medically necessary; and

(3)

causes such child to lose student status for purposes of coverage under the terms of the plan or coverage.

(b)

Requirement To continue coverage

(1)

In general

In the case of a dependent child described in paragraph (2), a group health plan, or a health insurance issuer that provides health insurance coverage in connection with a group health plan, shall not terminate coverage of such child under such plan or health insurance coverage 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 or health insurance coverage.

(2)

Dependent child described

A dependent child described in this paragraph is, with respect to a group health plan or health insurance coverage offered in connection with the plan, a beneficiary under the plan who—

(A)

is a dependent child, under the terms of the plan or coverage, of a participant or beneficiary under the plan or coverage; and

(B)

was enrolled in the plan or coverage, 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)

Certification by physician

Paragraph (1) shall apply to a group health plan or health insurance coverage offered by an issuer in connection with such plan only if the plan or issuer of the coverage 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)

Notice

A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall include, with any notice regarding a requirement 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. Such description shall be in language which is understandable to the typical plan participant.

(d)

No change in benefits

A dependent child whose benefits 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 coverage

If—

(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 coverage 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)

Conforming amendment

The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item:

.

(b)

Amendments to the Public Health Service Act

(1)

Group markets

Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–4 et seq.) is amended by adding at the end the following new section:

2707.

Coverage of dependent students on medically necessary leave of absence

(a)

Medically necessary leave of absence

In this section, the term medically necessary leave of absence means, with respect to a dependent child described in subsection (b)(2) in connection with a group health plan or health insurance coverage offered in connection with such plan, a leave of absence of such child from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965), or any other change in enrollment of such child at such an institution, that—

(1)

commences while such child is suffering from a serious illness or injury;

(2)

is medically necessary; and

(3)

causes such child to lose student status for purposes of coverage under the terms of the plan or coverage.

(b)

Requirement To continue coverage

(1)

In general

In the case of a dependent child described in paragraph (2), a group health plan, or a health insurance issuer that provides health insurance coverage in connection with a group health plan, shall not terminate coverage of such child under such plan or health insurance coverage 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 or health insurance coverage.

(2)

Dependent child described

A dependent child described in this paragraph is, with respect to a group health plan or health insurance coverage offered in connection with the plan, a beneficiary under the plan who—

(A)

is a dependent child, under the terms of the plan or coverage, of a participant or beneficiary under the plan or coverage; and

(B)

was enrolled in the plan or coverage, 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)

Certification by physician

Paragraph (1) shall apply to a group health plan or health insurance coverage offered by an issuer in connection with such plan only if the plan or issuer of the coverage 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)

Notice

A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall include, with any notice regarding a requirement 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. Such description shall be in language which is understandable to the typical plan participant.

(d)

No change in benefits

A dependent child whose benefits 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 coverage

If—

(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 coverage 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 market

Subpart 3 of part B of title XXVII of such Act (42 U.S.C. 300gg–51 et seq.) is amended by adding at the end the following new section:

2753.

Coverage of dependent students on medically necessary leave of absence

The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market 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 Revenue Code

(1)

In general

Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other group health plan requirements) is amended by inserting after section 9812 the following new section:

9813.

Coverage of dependent students on medically necessary leave of absence

(a)

Medically necessary leave of absence

In this section, the term medically necessary leave of absence means, with respect to a dependent child described in subsection (b)(2) in connection with a group health plan, a leave of absence of such child from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965), or any other change in enrollment of such child at such an institution, that—

(1)

commences while such child is suffering from a serious illness or injury;

(2)

is medically necessary; and

(3)

causes such child to lose student status for purposes of coverage under the terms of the plan or coverage.

(b)

Requirement to continue coverage

(1)

In general

In the case of a dependent child described in paragraph (2), a group health plan shall not terminate 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)

Dependent child described

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)

Certification by physician

Paragraph (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)

Notice

A group health plan shall include, with any notice regarding a requirement for certification of student status for coverage under the plan, a description of the terms of this section for continued coverage during medically necessary leaves of absence. Such description shall be in language which is understandable to the typical plan participant.

(d)

No change in benefits

A dependent child whose benefits 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 coverage

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 change between health insurance coverage and self-insured coverage, or otherwise; and

(3)

the coverage as so changed continues to provide coverage 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)

Conforming amendment

The table of sections for subchapter B of chapter 100 of such Code is amended by inserting after the item relating to section 9812 the following new item:

Sec. 9813. Coverage of dependent students on medically necessary leave of absence.

.

(d)

Effective date

The amendments made by this Act shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act and to medically necessary leaves of absence beginning during such plan years.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.