Include the notice with every request for proof of student status (each term or plan year).
Good practice to include at enrollment so dependents know their rights before a medical leave arises.
| Trigger | Due Date / Window | Notes |
|---|---|---|
| Requesting proof of student status | Include the notice with every request | Required each cycle you ask for student-status certification (e.g., each term or plan year). |
| Initial eligibility / enrollment | At or before enrollment (if plan uses student status) | Good practice to include at enrollment so dependents know their rights before a medical leave arises. |
- Notice text: See the Model Notice section below, verbatim model language from 29 CFR § 2590.714 with fields for your plan name and administrator contact.
- Eligibility terms: Your plan's SPD or certificate language on dependent coverage and any student-status requirements.
- Medical leave process: How the dependent requests continued coverage and what documentation is needed (physician certification form or instructions).
- Administrator contact: The name and phone number of the plan administrator or person handling these requests.
- Audience: Participants whose dependents are subject to student-status verification for plan eligibility; include the participant (employee) and, if applicable, a spouse who manages benefits.
- Method: Paper or electronic. If delivering electronically, follow ERISA's e-disclosure safe harbor rules (employees must have consented or meet the electronic access criteria).
- Clarity: Use plain language. Bold the one-year maximum continuation period and be specific about what documentation is required and where to submit it.
- Notice copiesThe exact notice sent (date-stamped) and any version changes by plan year.
- Distribution logFor each student-status verification cycle: who was notified, date sent, delivery method. For paper mailings, retain a Certificate of Mailing (USPS Form 3817) as proof of dispatch; certified mail is not required.
- Physician certificationsTreating physician name, certification date, stated leave start date, and expected return date (if provided).
- Continuation timelineFor each affected dependent showing the one-year window and when coverage ends.
- Decision recordsApproval or denial records and any communications with the family or carrier/TPA.
Common traps
FAQs
Who is covered under Michelle's Law?
Dependent students enrolled in the group health plan whose eligibility is tied to full-time student status at a postsecondary school, and who take a medically necessary leave of absence (or reduce to part-time enrollment) due to a serious illness or injury.
How long can coverage continue?
Up to one year from the date the medically necessary leave begins, subject to any plan terms and premium requirements that would otherwise apply.
What documentation is required?
A written certification from the student's treating physician stating that the leave of absence is medically necessary, the date the leave begins, and the anticipated return-to-full-time-student date (if known).
What if our plan doesn't use student status anymore?
If your plan covers all dependents to age 26 regardless of student status, as most plans do under the ACA, Michelle's Law notice requirements do not apply. Confirm your plan terms and check with your TPA or carrier if you're unsure.
- 29 CFR § 2590.714 (eCFR). The governing regulation for Michelle's Law; the model notice language appears at § 2590.714(b)(2).
- Young Adults and the ACA FAQs, DOL EBSA. Explains the interplay between the ACA's age-26 requirement and prior student-status rules including Michelle's Law.
- ACA age-26 interplay: Most health plans no longer condition eligibility on student status, so Michelle's Law requirements don't apply. The notice is still required for any plan that extends coverage beyond age 26 based on full-time enrollment, or that conditions any other covered benefit on student status.
- Term-based verification cycles: If you verify student status each semester or term, you must include the Michelle's Law Notice with each verification request, not just the first one.
- State mandates: Some states have additional protections for dependent students on medical leave. Coordinate with your carrier or TPA on any state-specific language that may need to be added.
The federal regulation includes verbatim model notice language. Use it as-is and customize only the three bracketed fields.
Model Michelle's Law Notice (from 29 CFR § 2590.714(b)(2)):
This notice is to inform you that under [NAME OF GROUP HEALTH PLAN], dependent students who lose their full-time student status because of a medically necessary leave of absence from a postsecondary educational institution may be eligible for continued coverage for up to 1 year under Michelle's Law, Public Law 110-381. To maintain coverage during a medically necessary leave of absence, the student's treating physician must provide written certification stating that the leave of absence is medically necessary and providing the date the leave begins and the anticipated date of return to full-time student status (if available). Contact [NAME AND TELEPHONE NUMBER OF APPROPRIATE PLAN ADMINISTRATOR OR OTHER PERSON] to request certification forms and additional information about this benefit.
What to customize: Replace [NAME OF GROUP HEALTH PLAN] with your plan's name. Replace the contact placeholder with your plan administrator's name and direct phone number. Do not shorten or paraphrase the rest; this is the regulatory model language.
When to send it: Attach this notice to every communication requesting proof of full-time student status for dependent eligibility.
29 CFR § 2590.714 (eCFR): source of the model language above.