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.  

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