IB 
Union Calendar No. 522 
110TH CONGRESS 
2D SESSION 
H. R. 2851 
[Report No. 110–806, Part I] 
To amend the Employee Retirement Income Security Act of 1974, the Public 
Health Service Act, and the Internal Revenue Code of 1986 to ensure 
that dependent students who take a medically necessary leave of absence 
do not lose health insurance coverage, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2007 
Mr. HODES (for himself, Mr. CASTLE, Ms. SHEA-PORTER, Mr. NADLER, Mrs. 
MCCARTHY of New York, Mr. DAVIS of Illinois, Ms. SUTTON, Mrs. 
BOYDA of Kansas, Mr. MCGOVERN, Mr. STARK, Ms. CASTOR, Ms. 
CLARKE, Mr. COHEN, Mr. JOHNSON of Georgia, Mrs. LOWEY, Mr. ED-
WARDS, Mr. EMANUEL, Ms. SOLIS, Ms. ZOE LOFGREN of California, Mr. 
LANTOS, Mr. SHERMAN, Mr. WU, Mr. LINCOLN DAVIS of Tennessee, Mr. 
KAGEN, Mr. LARSON of Connecticut, Mr. BERRY, Mr. MCDERMOTT, Mrs. 
TAUSCHER, Ms. HARMAN, Mr. GUTIERREZ, Mr. SCOTT of Virginia, Ms. 
SCHAKOWSKY, Mr. MITCHELL, Mr. SARBANES, Ms. KAPTUR, Mr. 
GILCHREST, Mr. BARROW, Mr. MCNULTY, Mr. WELCH of Vermont, Ms. 
SCHWARTZ, Mr. BRALEY of Iowa, Mr. ELLISON, Mr. REGULA, and Mr. 
BISHOP of New York) introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittees on Education and Labor and Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
JULY 30, 2008 
Additional sponsors: Mr. HINOJOSA, Mr. PAYNE, Mr. WAXMAN, Mrs. CAPPS, 
Mr. ABERCROMBIE, Mr. BERMAN, Mrs. EMERSON, Mr. FRANK of Massa-
chusetts, Mr. MOORE of Kansas, Mr. DINGELL, Mr. INSLEE, Mr. KEN-
NEDY, Ms. DEGETTE, Mr. ACKERMAN, Mr. RAMSTAD, Ms. WOOLSEY, 
Ms. CARSON, Mr. MICHAUD, Mr. ISRAEL, Mr. GEORGE MILLER of Cali-
fornia, Mr. ISSA, Mr. BUTTERFIELD, Mr. SERRANO, Mr. STUPAK, Ms. 
HERSETH SANDLIN, Mr. SPRATT, Ms. VELA´ZQUEZ, Mr. OLVER, Mr. 
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WEINER, Mr. CROWLEY, Mr. MARKEY, Mr. PERLMUTTER, Ms. HIRONO, 
Ms. MCCOLLUM of Minnesota, Ms. LEE, Mr. PRICE of North Carolina, 
Mr. MARSHALL, Mr. TIERNEY, Mr. BLUMENAUER, Mr. DOYLE, Mr. 
ALTMIRE, Ms. BALDWIN, Mr. GORDON of Tennessee, Mr. ENGEL, Mr. 
WYNN, Mr. GENE GREEN of Texas, Mr. GONZALEZ, Mr. ROSS, Mr. 
HILL, 
Ms. 
BERKLEY, 
Mr. 
HINCHEY, 
Mr. 
CUELLAR, 
Mr. 
RUPPERSBERGER, Mr. FARR, Mr. DELAHUNT, Mr. HOLT, Mr. YARMUTH, 
Ms. MATSUI, Mr. ALLEN, Mr. RANGEL, Mr. EHLERS, Mr. MCHUGH, Mr. 
ETHERIDGE, Mr. CLAY, Mr. HARE, Mr. MORAN of Virginia, Mrs. DAVIS 
of California, Ms. LINDA T. SA´NCHEZ of California, Mr. PLATTS, Ms. 
JACKSON-LEE of Texas, Mr. CUMMINGS, Ms. MOORE of Wisconsin, Mr. 
GRIJALVA, Mr. COURTNEY, Mr. SHULER, Mr. KILDEE, Mr. HALL of New 
York, Mr. TOWNS, Mr. KUCINICH, Mr. MELANCON, Mr. LOEBSACK, Mr. 
BOUCHER, Mr. MATHESON, Mr. ARCURI, Ms. HOOLEY, Mr. SCHIFF, Mr. 
ELLSWORTH, Mr. CARSON, Mr. ROTHMAN, Mr. MURTHA, Mr. GINGREY, 
Mr. CONYERS, Mr. VAN HOLLEN, Mr. PATRICK J. MURPHY of Pennsyl-
vania, Mr. RODRIGUEZ, Mr. WALZ of Minnesota, Mr. SIRES, Ms. WA-
TERS, Mr. CHILDERS, Mr. MCNERNEY, Mr. SPACE, Mr. PASCRELL, Ms. 
ROYBAL-ALLARD, Mr. SESTAK, Mr. WALDEN of Oregon, Mr. RYAN of 
Ohio, and Mr. LEWIS of Georgia 
JULY 30, 2008 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 30, 2008 
Committees on Education and Labor, and Ways and Means discharged; com-
mitted to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 25, 2007] 
A BILL 
To amend the Employee Retirement Income Security Act 
of 1974, the Public Health Service Act, and the Internal 
Revenue Code of 1986 to ensure that dependent students 
who take a medically necessary leave of absence do not 
lose health insurance coverage, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Michelle’s Law’’. 
SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDI-
CALLY NECESSARY LEAVE OF ABSENCE. 
(a) AMENDMENTS OF ERISA.— 
(1) IN GENERAL.—Subpart B of part 7 of title 
I of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1185 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 714. COVERAGE OF DEPENDENT STUDENTS ON MEDI-
CALLY 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), a leave of absence of such child from 
a postsecondary educational institution (including an in-
stitution 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; 
‘‘(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.— 
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‘‘(1) IN GENERAL.—In the case of a dependent 
child described in paragraph (2), a group health plan 
(or health insurance coverage offered in connection 
with such a plan) shall not terminate coverage of such 
child due to a medically necessary leave of absence be-
fore 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) DEPENDENT
CHILD
DESCRIBED.—A de-
pendent child described in this paragraph is a bene-
ficiary 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-
scribed in subsection (a)) until the first day of 
the medically necessary leave of absence involved. 
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‘‘(3) CERTIFICATION BY PHYSICIAN.—Paragraph 
(1) shall not apply to a group health plan (or health 
insurance coverage offered in connection with such a 
plan) unless certification by the child’s attending 
physician is submitted to the plan or issuer stating 
that the dependent child is suffering from a severe ill-
ness or injury and that the leave of absence is medi-
cally necessary. 
‘‘(c) NO LOSS OF FULL-TIME STATUS DUE TO BREAK 
IN SEMESTER.—Any breaks in the school semester shall not 
disqualify a dependent child described under subsection (b) 
from coverage under this section. 
‘‘(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 full- 
time 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 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 
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