:: Senators Sununu, Gregg and Clinton Introduce Bill Incorporating “Michelle’s Law” Into ERISA
A federal version of New Hampshire’s “Michelle’s Law” has been introduced which would mandate that full-time college students covered by their parents’ health plan can take up to a year of medical leave from school with continued health insurance coverage. Michelle’s Law” was passed in New Hampshire in June 2006.
S.400, is described as a bill to amend ERISA and the IRC to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes. Sen Sununu in introduced the bill on 1/25/2007 and it has been referred to the Senate Committee on Health, Education, Labor, and Pensions.
The introduction of the bill:
Mr. SUNUNU. Mr. President, I rise today on behalf of Senator Gregg and Senator Clinton to introduce Michelle’s Law. This bill mirrors the law the State of New Hampshire passed in June 2006. Michelle Morse was a 20-year-old resident of Manchester, NH, and a full-time student at Plymouth State University when diagnosed with colon cancer in December 2003. Michelle’s doctors wanted her to take a medical leave of absence to undergo surgery and chemotherapy, but if she dropped out of school she would no longer be covered as a dependent under her mother’s plan because she would no longer be enrolled as a full-time student. The family had the option to obtain COBRA coverage but the Morses estimated the increase in monthly premiums would have been too costly. Michelle’s family decided she would remain in school full time, maintain coverage, and maintain her lifestyle as much as she could. So along with her homework and books, Michelle would attend class carrying a portable chemotherapy pump attached to her hip. She refused to let cancer and the aggressive chemotherapy treatment slow her down during the next 2 years, even while student teaching at Bakersville Elementary School in Manchester, and graduated from Plymouth State in May 2005. However, Michelle bravely lost her battle with cancer in November 2005.
Michelle’s predicament prompted her mother AnnMarie to take this woeful Catch-22 they experienced to the New Hampshire State Legislature. New Hampshire responded by passing Michelle’s Law in June 2006, allowing full-time students covered under State-regulated health plans a 1-year medical leave of absence while maintaining their dependency status. The bill we introduce today affords the same medical leave of absence to full-time students covered under health plans governed by the Employee Retirement Income Security Act of 1974–ERISA. Michelle’s Law would allow full-time students and their families to focus solely on treating an illness as opposed to concurrently being a full-time patient and full-time student. While this bill creates an additional mandate for ERISA plans, this provision would apply to less than 1 percent of all college-aged students. Yet without this modest change, the costs and hardships may be enormous. Also, this bill does not trespass on any state’s right to govern and regulate its own health insurance business.
I thank AnnMarie Morse for her tireless efforts in making sure another student does not get caught between a medical leave of absence rock and a hard place of insurance regulations. I also thank Senators GREGG and CLINTON for joining me today and I hope my colleagues in the Senate join us with their support and pass Michelle’s Law.
