Governor Paterson Signs Legislation to Make Health Insurance More Affordable and Improve Access to Health Care

Governor David A. Paterson signed into law three Governor’s Program bills that will make health insurance more affordable and improve access to health care for New Yorkers. The first extends the period of time for COBRA coverage from 18 to 36 months; the second permits families to cover their young adult dependents through age 29 under their job-based insurance; and the third enacts a series of managed care reforms to make health insurance work better for consumers and permit timely access to necessary health services. The effective date of these changes is September 1, 2009.

Summary of New York Dependent Extension to Age 29

DOL creates website on COBRA coverage under the American Recovery and Reinvestment Act of 2009

All employers and employees now have a site that answers questions about the COBRA coverage under ARRA. Individuals who request treatment as an assistance eligible individual and are denied such treatment by their group health plan may have the right to appeal to the DOL. The DOL is currently developing a process and an official application form that will be required to be completed for appeals. According to the website, The DOL is actively working to issue additional guidance regarding the COBRA premium reductions.  I expect to see the DOL’s final notices regarding changes under ARRA next week.  Important IRS forms are also available in spanish and english at this site.  Stay tuned for more information.

Go to DOL COBRA ARRA site

The Women’s Health and Cancer Rights Act of 1998 (WHCRA)

A notice summarizing WHCRA must be provided to each employee when he or she is first covered by the plan, and annually to all employees (as well as COBRA beneficiaries and spouses and dependents not residing at the employee’s address) covered by the plan. For your convenience, a copy of a sample language for WHCRA is included with this summary. For more information on WHCRA, please visit Department of Labor’s Web site on WHCRA

ADA Amendments Act of 2008

 

On September 25, 2008, the ADA Amendments Act of 2008 (the “Act”) was signed into law by President Bush. The Act, which is effective January 1, 2009, expands the scope of disabilities covered under the Americans with Disabilities Act of 1990 (the “ADA”). In part, the Act broadens the scope of protection available to employees by rejecting two Supreme Court decisions which had narrowly construed the definition of “disability” under the ADA.

Comparison between the ADA Restoration Act and the ADA Amendments Act

The Family and Medical Leave Act and National Defense Authorization Act for FY 2008

On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious. The DOL issued an insert employer’s should post with their current FMLA poster. Employers should be sure to post this insert as any employer who willfully violates this requirement may be assessed a civil monetary penalty not to exceed $100 for each separate offense. This law applies to both large and small group health plans, including self-funded, fully insured and governmental plans. It goes into effect on the first day of the plan year beginning one year after the date the Act was enacted. 

Michelle’s Law

On October 9, 2008, President Bush signed into law “Michell’s Law.” Michelle’s Law is a very short law that did not provide a lot of guidance to plan administrators on how to administer this law. This law amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician.