The Department's Interim Final
Regulation under the Patient Protection and Affordable Care Act
(the Affordable Care Act)requires group health plans to provide a
notice of an enrollment opportunity to individuals whose coverage
ended, or who was denied coverage (or was not eligible for
coverage) under a group health plan or group health insurance
coverage because, under the terms of the plan or coverage, the
availability of dependent coverage of children ended before the
attainment of age 26. The enrollment opportunity must continue for
at least 30 days, regardless of whether the plan or coverage offers
an open enrollment period and regardless of when any open
enrollment period might otherwise occur. This enrollment
opportunity must be presented not later than the first day of the
first plan year (or, in the individual market, policy year)
beginning on or after September 23, 2010 (which is the
applicability date of PHS Act sections 2714). Coverage must begin
not later than the first day of the first plan year (or policy year
in the individual market) beginning on or after September 23,
2010.
US Code:
29
USC 1186 Name of Law: Employee Retirement Income Security Act
of 1974
US Code: 29 USC 1186 Name of Law: Employee
Retirement Income Security Act
Before the applicability date
of PHS Act section 2714, an individual who was covered under a
group health plan (or group health insurance coverage) as a
dependent may have lost eligibility for coverage under the plan due
to age before attaining age 26. Moreover, if a child was under age
26 when a parent first became eligible for coverage, but older than
the age at which the plan stopped covering children, the child
would not have become eligible for coverage. When the provisions of
PHS Act section 2714 become applicable to the plan (or coverage),
the plan or coverage can no longer exclude coverage for the
individual until age 26. Accordingly, the Departments interim final
regulations (29 CFR 2590.715-2714(f))require plans to provide a
notice of an enrollment opportunity to individuals whose coverage
ended, or who were denied coverage (or was not eligible for
coverage) under a group health plan or group health insurance
coverage because, under the terms of the plan or coverage, the
availability of dependent coverage of children ended before the
attainment of age 26. The enrollment opportunity must continue for
at least 30 days, regardless of whether the plan or coverage offers
an open enrollment period and regardless of when any open
enrollment period might otherwise occur. This enrollment
opportunity must be presented not later than the first day of the
first plan year (or, in the individual market, policy year)
beginning on or after September 23, 2010 (which is the
applicability date of PHS Act section 2714). Coverage must begin
not later than the first day of the first plan year (or policy year
in the individual market) beginning on or after September 23,
2010.
$0
No
No
Uncollected
Uncollected
No
Uncollected
Chris Cosby 202
693-8540
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Affordable Care Act Enrollment Opportunity Notice Relating to Extension of Dependent Coverage