• Cafeteria Plan Amendment May Be Required By April 1, 2009
  • April 7, 2009
  • Law Firm: Husch Blackwell Sanders LLP - St. Louis Office
  • The Children's Health Insurance Program Reauthorization Act of 2009 creates a special enrollment right under health and cafeteria plans, effective April 1, 2009, for employees and dependent children in two circumstances:

    • termination of coverage due to loss of eligibility under Medicaid or a state-sponsored Children's Health Insurance Program (CHIP); and
    • eligibility for employment assistance under Medicaid or CHIP to help pay for coverage under the employer health plan (see our recent communication on this topic).

    Unlike other special enrollment rights that provide an enrollment period of 30 days, the CHIP changes require an enrollment period of 60 days. As a result, an amendment to your section 125 cafeteria and health plans may be required prior April 1, 2009.