After being signed into law in February 2009, the Children’s Health Insurance Program Reauthorization Act became effective on April 1st. Among the points in the legislation are two special open enrollment rights for certain individuals to elect group health coverage. Under the new law, group health plans must allow employees and dependents who are eligible for but not enrolled in group health plan coverage to enroll for two additional circumstances:
- The employee or dependent is eligible under a state Medicaid plan or state children’s health insurance program (CHIP) and the Medicaid or CHIP coverage is terminated. This loss of coverage allows the employee to request enrollment under the group health plan no later than 60 days after the termination of the Medicaid or CHIP plan.
- The employee or dependent becomes eligible for a premium assistance subsidy under a state Medicaid plan or CHIP. The employee would need to request enrollment in the group health plan no later than 60 days after the date the employee or dependent is determined to be eligible for the premium assistance subsidy.
Also, the law created employer notice requirements which will be effective starting in 2010. More information relating to the notice requirements will be provided once they are published.