new group health plan shall be subject to this section in 
the same manner as the predecessor group health plan. 
‘‘(f) PRESUMPTION.—For purposes of administrative 
or judicial proceedings, upon certification under subsection 
(b)(3), there shall be a rebuttable presumption that the re-
quirements of paragraphs (1) and (2) of subsection (a) have 
been met.’’. 
(2) CONFORMING
AMENDMENT.—The table of 
contents in section 1 of such Act is amended by in-
serting after the item relating to section 713 the fol-
lowing new item: 
‘‘Sec. 714. Coverage of dependent students on medically necessary leave of ab-
sence.’’. 
(b) AMENDMENTS TO THE PUBLIC HEALTH SERVICE 
ACT.— 
(1) GROUP MARKETS.—Subpart 2 of part A of 
title XXVII of the Public Health Service Act (42 
U.S.C. 300gg–4 et seq.) is amended by adding at the 
end the following new section: 
‘‘SEC. 2707. COVERAGE OF DEPENDENT STUDENTS ON 
MEDICALLY NECESSARY LEAVE OF ABSENCE. 
‘‘(a) MEDICALLY NECESSARY LEAVE OF ABSENCE.— 
In this section, the term ‘medically necessary leave of ab-
sence’ means, with respect to a dependent child described 
in subsection (b)(2) in connection with a group health plan, 
a leave of absence of such child from a postsecondary edu-
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cational institution (including an institution of higher edu-
cation as defined in section 102 of the Higher Education 
Act of 1965), or any other change in enrollment of such 
child at such an institution, that— 
‘‘(1) commences while such child is suffering 
from a serious illness or injury; 
‘‘(2) is medically necessary; and 
‘‘(3) causes such child to lose student status for 
purposes of coverage under the terms of the plan. 
‘‘(b) REQUIREMENT TO CONTINUE COVERAGE.— 
‘‘(1) IN GENERAL.—In the case of a dependent 
child described in paragraph (2), a group health plan 
(or a health insurance issuer that provides health in-
surance coverage in connection with a group health 
plan) shall not terminate coverage of such child under 
such plan or health insurance coverage due to a medi-
cally necessary leave of absence before the date that is 
the earlier of— 
‘‘(A) the date that is 1 year after the first 
day of the medically necessary leave of absence; 
or 
‘‘(B) the date on which such coverage would 
otherwise terminate under the terms of the plan 
or health insurance coverage. 
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‘‘(2) DEPENDENT
CHILD
DESCRIBED.—A de-
pendent child described in this paragraph is, with re-
spect to a group health plan, a beneficiary under the 
plan who— 
‘‘(A) is a dependent child, under the terms 
of the plan, of a participant or beneficiary of the 
plan; and 
‘‘(B) was enrolled in the plan (or health in-
surance coverage offered in connection with the 
plan), on the basis of being a student at a post-
secondary educational institution (as described 
in subsection (a)), immediately before the first 
day of the medically necessary leave of absence 
involved. 
‘‘(3) CERTIFICATION BY PHYSICIAN.—Paragraph 
(1) shall apply to a group health plan (or health in-
surance coverage offered by an issuer in connection 
with a group health plan) only if the plan or issuer 
has received written certification by a treating physi-
cian of the dependent child which states that the child 
is suffering from a serious illness or injury and that 
the leave of absence (or other change of enrollment) 
described in subsection (a) is medically necessary. 
‘‘(c) NOTICE.—A group health plan, and a health in-
surance issuer providing health insurance coverage in con-
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nection with a group health plan, shall include, with any 
notice regarding a requirement for certification of student 
status for coverage under the plan or coverage, a description 
of the terms of this section for continued coverage during 
medically necessary leaves of absence. Such description 
shall be in language which is understandable to the typical 
plan participant. 
‘‘(d) NO CHANGE IN BENEFITS.—A dependent child 
whose benefits are continued under this section shall be enti-
tled to the same benefits as if (during the medically nec-
essary leave of absence) the child continued to be a covered 
student at the institution of higher education and was not 
on a medically necessary leave of absence. 
‘‘(e) COVERAGE UNDER SUCCESSOR PLAN.—If a plan 
sponsor changes group health plans after the first day of 
a medically necessary leave of absence of a dependent child 
described in subsection (b) but before the date described 
under subsection (b)(1), and such new group health plan 
offers coverage of beneficiaries as dependent children, such 
new group health plan shall be subject to this section in 
the same manner as the predecessor group health plan.’’. 
(2) INDIVIDUAL MARKET.—Subpart 3 of part B 
of title XXVII of such Act (42 U.S.C. 300gg–51 et 
seq.) is amended by adding at the end the following 
new section: 
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‘‘SEC. 2753. COVERAGE OF DEPENDENT STUDENTS ON 
MEDICALLY NECESSARY LEAVE OF ABSENCE. 
‘‘The provisions of section 2707 shall apply to health 
insurance coverage offered by a health insurance issuer in 
the individual market in the same manner as they apply 
to health insurance coverage offered by a health insurance 
issuer in connection with a group health plan in the small 
or large group market.’’. 
(c) AMENDMENTS
TO
THE
INTERNAL
REVENUE 
CODE.— 
(1) IN GENERAL.—Subchapter B of chapter 100 
of the Internal Revenue Code of 1986 (relating to 
other group health plan requirements) is amended by 
inserting after section 9812 the following new section: 
‘‘SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON 
MEDICALLY NECESSARY LEAVE OF ABSENCE. 
‘‘(a) MEDICALLY NECESSARY LEAVE OF ABSENCE.— 
In this section, the term ‘medically necessary leave of ab-
sence’ means, with respect to a dependent child, a leave of 
absence of such child from a postsecondary educational in-
stitution (including an institution of higher education as 
defined in section 102 of the Higher Education Act of 
1965), or any other change in enrollment of such child at 
such an institution, that— 
‘‘(1) commences while such child is suffering 
from a severe illness or injury; 
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‘‘(2) is medically necessary; and 
‘‘(3) causes such child to lose full-time student 
status under the terms of the plan. 
‘‘(b) REQUIREMENT TO CONTINUE COVERAGE.— 
‘‘(1) IN GENERAL.—In the case of a dependent 
child described in paragraph (2), a group health plan 
shall not terminate coverage of such child due to a 
medically necessary leave of absence before the date 
that is the earlier of— 
‘‘(A) the date that is 1 year after the first 
day of the medically necessary leave of absence; 
or 
‘‘(B) the date on which such coverage would 
otherwise terminate under the terms of the plan. 
‘‘(2) CHILD DESCRIBED.—A dependent child de-
scribed in this paragraph is a beneficiary under the 
plan who— 
‘‘(A) is a dependent child, under the terms 
of the plan, of a participant or beneficiary of the 
plan; 
‘‘(B) was enrolled in the plan or coverage as 
of the first day of the medically necessary leave 
of absence involved; and 
‘‘(C) was enrolled as a full-time student at 
a postsecondary educational institution (as de-
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