[Congressional Record Volume 154, Number 128 (Wednesday, July 30, 2008)]
[House]
[Pages H7541-H7546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             MICHELLE'S LAW

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2851) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2851

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Michelle's Law''.

     SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY 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 MEDICALLY 
                   NECESSARY LEAVE OF ABSENCE.

       ``(a) Medically Necessary Leave of Absence.--In this 
     section, the term `medically necessary leave of absence' 
     means, with respect to a dependent child described in 
     subsection (b)(2) in connection with a group

[[Page H7542]]

     health plan or health insurance coverage offered in 
     connection with such plan, a leave of absence of such child 
     from a postsecondary educational institution (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 
     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 or coverage.
       ``(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 insurance 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 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 or health insurance 
     coverage.
       ``(2) Dependent child described.--A dependent child 
     described in this paragraph is, with respect to a group 
     health plan or health insurance coverage offered in 
     connection with the plan, a beneficiary under the plan who--
       ``(A) is a dependent child, under the terms of the plan or 
     coverage, of a participant or beneficiary under the plan or 
     coverage; and
       ``(B) was enrolled in the plan or coverage, on the basis of 
     being a student at a postsecondary 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 insurance coverage 
     offered by an issuer in connection with such plan only if the 
     plan or issuer of the coverage has received written 
     certification by a treating physician 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 insurance 
     issuer providing health insurance coverage in connection 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 entitled 
     to the same benefits as if (during the medically necessary 
     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) Continued Application in Case of Changed Coverage.--
     If--
       ``(1) a dependent child of a participant or beneficiary is 
     in a period of coverage under a group health plan or health 
     insurance coverage offered in connection with such a plan, 
     pursuant to a medically necessary leave of absence of the 
     child described in subsection (b);
       ``(2) the manner in which the participant or beneficiary is 
     covered under the plan changes, whether through a change in 
     health insurance coverage or health insurance issuer, a 
     change between health insurance coverage and self-insured 
     coverage, or otherwise; and
       ``(3) the coverage as so changed continues to provide 
     coverage of beneficiaries as dependent children,
     this section shall apply to coverage of the child under the 
     changed coverage for the remainder of the period of the 
     medically necessary leave of absence of the dependent child 
     under the plan in the same manner as it would have applied if 
     the changed coverage had been the previous coverage.''.

       (2) Conforming amendment.--The table of contents in section 
     1 of such Act is amended by inserting after the item relating 
     to section 713 the following new item:

``Sec. 714. Coverage of dependent students on medically necessary leave 
              of absence.''.

       (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 absence' 
     means, with respect to a dependent child described in 
     subsection (b)(2) in connection with a group health plan or 
     health insurance coverage offered in connection with such 
     plan, a leave of absence of such child from a postsecondary 
     educational institution (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 
     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 or coverage.
       ``(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 insurance 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 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 or health insurance 
     coverage.
       ``(2) Dependent child described.--A dependent child 
     described in this paragraph is, with respect to a group 
     health plan or health insurance coverage offered in 
     connection with the plan, a beneficiary under the plan who--
       ``(A) is a dependent child, under the terms of the plan or 
     coverage, of a participant or beneficiary under the plan or 
     coverage; and
       ``(B) was enrolled in the plan or coverage, on the basis of 
     being a student at a postsecondary 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 insurance coverage 
     offered by an issuer in connection with such plan only if the 
     plan or issuer of the coverage has received written 
     certification by a treating physician 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 insurance 
     issuer providing health insurance coverage in connection 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 entitled 
     to the same benefits as if (during the medically necessary 
     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) Continued Application in Case of Changed Coverage.--
     If--
       ``(1) a dependent child of a participant or beneficiary is 
     in a period of coverage under a group health plan or health 
     insurance coverage offered in connection with such a plan, 
     pursuant to a medically necessary leave of absence of the 
     child described in subsection (b);
       ``(2) the manner in which the participant or beneficiary is 
     covered under the plan changes, whether through a change in 
     health insurance coverage or health insurance issuer, a 
     change between health insurance coverage and self-insured 
     coverage, or otherwise; and
       ``(3) the coverage as so changed continues to provide 
     coverage of beneficiaries as dependent children,

     this section shall apply to coverage of the child under the 
     changed coverage for the remainder of the period of the 
     medically necessary leave of absence of the dependent child 
     under the plan in the same manner as it would have applied if 
     the changed coverage had been the previous coverage.''.
       (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:

     ``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 absence' 
     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 
     educational institution (including an institution of higher 
     education as defined in section 102 of the Higher Education 
     Act of 1965), or any other change in

[[Page H7543]]

     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 or coverage.
       ``(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 under such plan 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) Dependent child described.--A dependent child 
     described in this paragraph is, with respect 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 under the plan; and
       ``(B) was enrolled in the plan, on the basis of being a 
     student at a postsecondary 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 only if the plan, or the issuer 
     of health insurance coverage offered in connection with the 
     plan, has received written certification by a treating 
     physician 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 shall include, with any 
     notice regarding a requirement for certification of student 
     status for coverage under the plan, 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 entitled 
     to the same benefits as if (during the medically necessary 
     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) Continued Application in Case of Changed Coverage.--
     If--
       ``(1) a dependent child of a participant or beneficiary is 
     in a period of coverage under a group health plan, pursuant 
     to a medically necessary leave of absence of the child 
     described in subsection (b);
       ``(2) the manner in which the participant or beneficiary is 
     covered under the plan changes, whether through a change in 
     health insurance coverage or health insurance issuer, a 
     change between health insurance coverage and self-insured 
     coverage, or otherwise; and
       ``(3) the coverage as so changed continues to provide 
     coverage of beneficiaries as dependent children,

     this section shall apply to coverage of the child under the 
     changed coverage for the remainder of the period of the 
     medically necessary leave of absence of the dependent child 
     under the plan in the same manner as it would have applied if 
     the changed coverage had been the previous coverage.''.
       (2) Conforming amendment.--The table of sections for 
     subchapter B of chapter 100 of such Code is amended by 
     inserting after the item relating to section 9812 the 
     following new item:

``Sec. 9813. Coverage of dependent students on medically necessary 
              leave of absence.''.

       (d) Effective Date.--The amendments made by this Act shall 
     apply with respect to plan years beginning on or after the 
     date that is one year after the date of the enactment of this 
     Act and to medically necessary leaves of absence beginning 
     during such plan years.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Deal) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Michelle's Law was introduced by my colleague from New 
Hampshire, Representative Paul Hodes, in honor of Michelle Morse, a 20-
year-old student who was attending Plymouth State University when she 
was diagnosed with colon cancer in December of 2003.
  Michelle's doctors recommended that she leave school temporarily so 
she could undergo surgery and chemotherapy. Unfortunately, if Michelle 
followed her doctors' advice and dropped out of school to receive 
treatment, she would no longer be eligible for health coverage under 
her mother's policy.
  The truth of the matter, Mr. Speaker, is that most college-aged 
students are only able to keep their parents' health insurance if they 
attend classes full time. Under most health care plans, when a student 
becomes seriously ill or injured, he or she is unfortunately left with 
very few options. Students are forced into the difficult decision of 
continuing with a full-time course load while they try to seek 
treatment, or withdrawing and losing health care eligibility. No 
American should be faced with such a choice, in my opinion.
  Unfortunately, Michelle had to choose. Michelle and her family 
decided that she would remain in school full time while she received 
treatment for her cancer. After enduring a rigorous course load and 
successfully graduating, Michelle lost her battle with cancer in 
November of 2005.
  After Michelle's passing, her mother decided that no other family 
should have to make the same tough decision. Thanks to her efforts, New 
Hampshire passed a law that allows students to take a 1-year medical 
leave of absence while maintaining their dependency status. The bill 
before us today would afford the same protections for students 
nationwide.
  I urge my colleagues on both sides of the aisle to vote ``yes'' for 
this important piece of legislation.
  I reserve the balance of my time.
  Mr. DEAL of Georgia. Mr. Speaker, I rise in support of H.R. 2851, 
which is commonly known as Michelle's Law.
  I would like to thank Mr. Hodes from New Hampshire and Mr. Castle 
from Delaware for introducing this important legislation and also to 
thank Energy and Commerce Committee Chairman Dingell, subcommittee 
Chairman Pallone and Ranking Member Barton for their cooperative 
efforts in working in a bipartisan manner to move this bill through the 
Energy and Commerce Committee.
  The American people know we must focus our health care efforts on 
providing increased access to quality, personal health insurance plans 
that give more Americans control and ownership over their own health 
care.
  As my colleagues are well aware, by increasing the number of Federal 
mandates on health insurance plans, we are inevitably making health 
insurance plans more expensive for more Americans and decreasing the 
number of Americans who can afford the quality personal health 
insurance plan that they want for their families. Without question, it 
is vital for Congress to avoid one-size-fits-all Federal mandates on 
health insurance if we're going to be able to increase the number of 
Americans with access to quality health insurance plans.
  However, I think the bill before us today is a very narrowly tailored 
solution to an extremely rare problem that results from a very small 
number of bad actors. This legislation takes the needed step of 
ensuring that more college-aged Americans will be able to stay on their 
parents' health insurance coverage in the rare event that they become 
too sick to remain enrolled in school.
  We know that by passing this legislation today, we can help assure 
American college students that their personal health insurance plan 
will be there for them giving them one less thing to worry about as 
they focus on their own illness and on earning their degrees.
  Again, I thank my colleagues on the Energy and Commerce Committee for 
their bipartisan support of this legislation.
  I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from New Hampshire (Mr. Hodes), the sponsor of the 
legislation.
  Mr. HODES. I thank the gentleman for yielding.
  I rise today in support of this bill, Michelle's Law, which honors 
the memory and life and struggle of Michelle Morse. Michelle's mother, 
AnnMarie,

[[Page H7544]]

and her brother, Michael, are with us today to remember and honor her.
  Michelle Morse was a college student in Plymouth, New Hampshire. She 
was like other students. She went to class and hung out with her 
friends. She was a happy and gifted student preparing to be a school 
teacher like her mom. She picked her major, childhood studies, because 
she wanted to dedicate her life to help children. But Michelle Morse 
and her family were forced to make a choice that students should never 
have to make: a choice between her health and her health insurance.
  You see, while in college, Michelle was diagnosed with advanced colon 
cancer. She had her health insurance through her mother but could only 
keep her health insurance if she remained a full-time student. Since 
she was undergoing rigorous chemotherapy treatments, her doctors urged 
her to take time off from school to focus on her treatment. Michelle 
was faced with a daunting choice: to keep her health insurance and 
maintain her full-time student status, or follow her doctors' orders 
and face colossal health bills for her and her family.
  Michelle chose to stay in school and keep her health insurance. She 
continued her chemotherapy treatments and maintained a grade point 
average above 3.5 which, by anyone's standards, is inspiring and shows 
just what a strong person Michelle was. Unfortunately, despite her 
valiant fight against cancer, she succumbed to the weight of the cancer 
and the rigors of being a full-time student and passed away after she 
graduated.
  But this story isn't just about Michelle. It's about Michelle's 
family who fought with Michelle and continue to fight for Michelle to 
this day.
  Michelle's family, led by her mother, AnnMarie, made it their mission 
to ensure that this choice doesn't have to be made by any other family. 
AnnMarie Morse began a relentless campaign to change the law in New 
Hampshire so that students could have a medical leave of absence from 
college without losing their coverage under their parents' health 
insurance.
  When the law was changed in New Hampshire after her tireless efforts 
and leadership, AnnMarie Morse wanted to make sure that students across 
the country would have the same protections.
  So she brought her campaign to Capitol Hill and began her efforts to 
lobby. She lobbied me, she lobbied other Members of Congress, she 
lobbied everybody. And let me tell you, there is nothing stopping this 
mother's love. She called everybody she could and anyone she could in 
her campaign to protect other people's children from being faced with 
the same terrible choice she and her daughter had to make.
  I'm honored to know AnnMarie and the Morse family and to have 
introduced this legislation aptly named Michelle's Law, a law fueled by 
a family's love and a special young woman's memory.
  Michelle's Law would change current health insurance law to allow 
college students a year of medical leave of absence. Michelle's Law has 
worked in New Hampshire and can now work for students and families 
across this great Nation. This commonsense legislation has been 
embraced by Democrats and Republicans and by groups across the board 
from the insurance industry to patient advocacy groups like the 
American Cancer Society Cancer Action Network, which has been a leader 
in advocating for this bill.

                              {time}  1600

  Madam Speaker, I submit for the Record the letters of support we've 
received.

                                          American Cancer Society,


                                        Cancer Action Network,

                                    Washington, DC, June 25, 2007.
     Hon. Paul Hodes,
     U.S. Senate,
     Washington, DC.
       Dear Representative Hodes: On behalf of the volunteers and 
     supporters of the American Cancer Society Cancer Action 
     NetworkSM (ACS CAN), the sister advocacy 
     organization of the American Cancer Society, we are writing 
     to express our support for the Michelle's Law legislation, 
     which you recently introduced. H.R. 2851 will expand access 
     to health insurance for college students required to take a 
     medical leave of absence from their studies in the event of a 
     diagnosis such as cancer. We commend you for your leadership 
     in addressing this gap in health insurance coverage for 
     students, and for your commitment to advancing the interests 
     of cancer patients and their families.
       As you know, this legislation would allow college students 
     to take medical leave while battling a serious illness and 
     still maintain eligibility for their parents' health 
     insurance. Statistical studies show that the number one 
     factor determining whether a person who has cancer will 
     survive is whether that person has insurance. Only the 
     insured have access to the timely, appropriate, and 
     affordable health care that is crucial in fighting cancer or 
     any other serious illness. No student should be presented 
     with the dilemma that Michelle Morse experienced when she was 
     forced to maintain a full college course load while 
     undergoing debilitating medical treatment.
       If we are to ultimately conquer cancer, our system must 
     ensure that all Americans have access to high quality care. 
     This legislation is a meaningful step toward this goal. 
     Again, we applaud your efforts to preserve health insurance 
     for seriously ill college students, and we look forward to 
     working with you on this important legislation. If you have 
     questions or need any assistance, please do not hesitate to 
     contact Jaimie Vickery, ACS CAN Senior Federal Representative 
     at (202) 661-5720.
       Thank you again for your leadership on this important 
     issue.
           Sincerely,
     Daniel E. Smith,
       President.
     Wendy K. D. Selig,
       Vice President Legislative Affairs.
                                  ____

                                       American Heart Association,


                                  American Stroke Association,

                               Washington, DC, September 20, 2007.
     Hon. Paul Hodes,
     House of Representatives,
     Washington, DC.
     Hon. Mike Castle,
     House of Representatives,
     Washington, DC.
       Dear Representative Hodes and Representative Castle: The 
     American Heart Association and its American Stroke 
     Association division applaud you for your introduction of 
     H.R. 2851, ``Michelle's Law.''
       The American Heart Association and the American Stroke 
     Association are dedicated to reducing death and disability 
     from heart disease and stroke, the nation's No. 1 and No. 3 
     killers. As many as 1.3 million children, youth and adults 
     living in the United States today were born with some type of 
     congenital cardiovascular defect, and other children and 
     young people are increasingly developing cardiovascular 
     disease at an earlier age.
       These young people, especially those born with heart 
     defects, often face challenges acquiring health insurance 
     once they `age-out' of eligibility for public programs or 
     parental coverage. We as a nation have made great advances in 
     the treatment of heart defects, and as a result many more 
     children born with these disorders are living longer, 
     healthier lives, instead of facing long-term disability or 
     early death. However, these pre-existing heart defects often 
     make it difficult for them to get health insurance coverage 
     and the follow-up care they need as adults.
       Your ``Michelle's Law'' legislation would ensure that full-
     time college students can maintain their health insurance 
     coverage when they are required to take a leave of absence of 
     up to one year from their studies because they are seriously 
     ill. No young person should be faced with the predicament of 
     taking a full course load while fighting a debilitating 
     disease, simply so they don't lose their health insurance 
     coverage.
       Numerous studies have documented that those who are 
     uninsured or underinsured are more likely to go without 
     needed medical care. Your legislation would take a step 
     towards ensuring that all Americans have access to 
     affordable, quality health care. Again, the American Heart 
     Association is pleased to support your legislation and we 
     look forward to working with you on this important issue. 
     Thank you for your leadership.
           Sincerely,
                                                       Sue Nelson,
     Vice President of Federal Advocacy.
                                  ____



                             America's Health Insurance Plans,

                                  Washington, DC, October 3, 2007.
     Hon. Paul Hodes,
     House of Representatives,
     Washington, DC.
       Dear Congressman Hodes: On behalf of America's Health 
     Insurance Plans (AHIP), I am writing to express our support 
     for your legislation, H.R. 2851, which proposes new 
     protections to ensure continuity of health insurance coverage 
     for college students.
       AHIP's members appreciate your hard work on this issue. We 
     share your concerns and have taken pro-active steps to 
     demonstrate our strong commitment to addressing the coverage 
     needs of students who are forced to leave school for medical 
     reasons. Earlier this year, AHIP's Board of Directors 
     approved the enclosed policy statement, outlining our 
     members' commitment to following best practices for 
     facilitating continuity of coverage for students who are on 
     medical leave from school. This includes offering coverage 
     for 12 months or until the coverage would have otherwise 
     lapsed,

[[Page H7545]]

     whichever comes first, with the need for part-time status or 
     medical leave of absence documented by a physician.
       Thank you again for your leadership on this issue. We look 
     forward to continuing to work with you on health care issues 
     that come before Congress.
           Sincerely,
                                                    Karen Ignagni,
     President and CEO.
                                  ____



                                American Hospital Association,

                                Washington, DC, February 11, 2008.
     Hon. Paul Hodes,
     House of Representatives,
     Washington, DC.
       Dear Mr. Hodes: On behalf of our nearly 5,000 member 
     hospitals, health systems and other health care 
     organizations, and our 37,000 individual members, the 
     American Hospital Association (AHA) commends the leadership 
     that you and your colleagues have provided by introducing 
     H.R. 2851, ``Michelle's Law''.
       Many families across America face the tough reality of 
     having to choose between health care and other necessities of 
     life, like food or shelter. Michelle Morse, a young college 
     student from New Hampshire, had to choose between remaining a 
     full-time student in order to maintain her dependent 
     coverage, or taking a leave of absence from college to get 
     the urgent care she needed. H.R. 2851 would ensure that full-
     time students covered by ERISA are eligible for a 12-month 
     medical leave of absence without losing dependent coverage.
       Unfortunately, Michelle passed away and is not here to 
     enjoy the benefits of your good work on this issue. Thanks to 
     your introduction of this bill, other students and their 
     families might not face the same no-win scenario. Hospitals 
     and other health care providers have long understood the 
     value of getting the right care at the right time, and the 
     financial burden that many families experience in trying to 
     do so. We look forward to working with you and your 
     colleagues on passage of this very important legislation.
           Sincerely,
                                                     Rick Pollack,
     Executive Vice President.
                                  ____

                                      Colorectal Cancer Coalition,


                                    Research Policy Awareness,

                                Alexandria, VA, February 15, 2008.
     Hon. Paul Hodes,
     House of Representatives
     Washington, DC.
       Dear Representative Hodes: C3: Colorectal Cancer Coalition 
     is a national, nonpartisan organization whose mission is to 
     eliminate suffering and death due to colon and rectal cancer 
     through advocacy. C3 pushes for research to improve 
     screening, diagnosis, and treatment of colorectal cancer; for 
     policy decisions that make the most effective colon and 
     rectal cancer prevention and treatment available to all; and 
     for increased awareness that colorectal cancer is 
     preventable, treatable, and beatable.
       C3 strongly supports Michelle's Law (H.R. 2851) introduced 
     by Congressman Paul Hodes. This bill would amend the Employee 
     Retirement Income Security Act of 1974 and the Internal 
     Revenue Code of 1986 to ensure that dependent students who 
     take a medical necessary leave of absence do not lose their 
     health insurance coverage.
       Michelle Morse, the bill's namesake, was diagnosed with 
     colon cancer when she was 20 years old. At this time she was 
     a full time student at the Plymouth State University. 
     Michelle had to remain enrolled as a full time student, 
     against her doctor's recommendation, in order to maintain her 
     eligibility for health coverage.
       Treatment for colorectal cancer and many other diseases are 
     quite grueling on a person's body. H.R. 2851 would allow 
     students to focus solely on treating their illness as opposed 
     to being a full time patient AND full time student.
       If you have any questions please do not hesitate to contact 
     Joe Arite, C3 Policy and Grassroots Manager or by email at 
     [email protected].
           Sincerely,
                                                    Carlea Bauman,
                                               Executive Director.

  I greatly appreciate the strong support and leadership of my 
colleague from Delaware (Mr. Castle) and Chairman Dingell, Ranking 
Member Barton, Chairman Pallone and Ranking Member Deal of the Energy 
and Commerce Committee for their work and their staff's hard work and 
support.
  I would also like to thank the Ways and Means and Education and Labor 
Committees and staff for their dedication in bringing this bill to the 
floor today.
  This strong, bipartisan measure shows the American people that 
Congress understands the importance of doing good by doing the right 
thing. But what's most important is that with the passage of Michelle's 
Law, parents across this country are going to thank AnnMarie Morse and 
her family for helping to make sure that they don't have to make the 
choice that Michelle had to make.
  I urge passage of this bill. I thank the bipartisan support for this 
measure.
  Mr. DEAL of Georgia. Madam Speaker, I'm pleased to yield such time as 
he may consume to one of the original sponsors of this bill, the 
gentleman from Delaware (Mr. Castle).
  Mr. CASTLE. Madam Speaker, I thank the gentleman from Georgia for 
yielding to me.
  I also rise to ask my colleagues to support the legislation before us 
today, Michelle's Law, which will prohibit insurers and group health 
plans from terminating coverage of dependent college students who lose 
their full-time student status due to a serious illness or injury.
  As you may know, some insurance plans allow college students to 
remain covered as dependents only if they attend a post-secondary 
institution full-time. As a result, this may force college students 
throughout the country with serious illnesses or serious injuries, who 
are dependent upon their parents' insurance, to make the difficult 
choice of pursuing a college education or taking care of their health.
  Mr. Hodes just spoke about Michelle Morse who died tragically of 
colon cancer in 2005 after going against her doctor's wishes and 
maintaining her full-time course schedule to maintain her health 
insurance.
  In my home State of Delaware, Michelle Rigney, a University of 
Delaware student diagnosed with melanoma when she was 19, and cancer 
advocate who I had the honor of working with several times over the 
last few years, also recently lost her battle with the disease.
  Throughout her battle with cancer, Michelle Rigney advocated for the 
passage of this bill to make things easier for others in similar 
situations. Michelle expressed her concerns over insurance to me as 
well as the importance of easing the stress students with a serious 
illness face when deciding between an education and their health.
  I believe strongly that Michelle's Law will give seriously ill and 
injured students and their families the time they need to decide what 
their next steps should be without the fear of losing their health 
insurance. CBO estimates that the bipartisan H.R. 2851 would have no 
significant impact on the budget. Additionally, this commonsense 
legislation has been endorsed by several key health and insurance 
groups, including the American Cancer Society Cancer Action Network, 
the National Education Association, America's Health Insurance Plans, 
and the American Diabetes Association. A full list of groups that 
endorse this bill will be submitted for the Record, and indeed, 
Representative Hodes sent up letters already doing that.


       List of Groups that Support the Passage of Michelle's Law

       American Cancer Society Cancer Action Network (ACSCAN); 
     American College Health Association; American Diabetes 
     Association; America's Health Insurance Plans (AHIP); 
     American Heart/Stroke Association; American Hospital 
     Association; American Medical Student Association; American 
     Nurses Association; Colorectal Cancer Coalition; Leukemia and 
     Lymphoma Society; Healthcare Leadership Council; National 
     Association of Graduate Professional Students; National 
     Association of Social Workers; National Collegiate Athletic 
     Association (NCAA); National Education Association (NEA); 
     National Health Council; National Kidney Foundation; National 
     Patient Advocate Foundation.

  Finally, I want to thank Representative Hodes for his leadership on 
this bill in the House, and I thank all of the various committees, 
Education and Labor, Ways and Means, Energy and Commerce Committee 
Members and their staff members for their hard work on getting this 
bill to the floor.
  I urge my colleagues to support H.R. 2851, Michelle's Law.
  Mr. PALLONE. Madam Speaker, I have no further requests for time, and 
I would urge passage of this bill, Michelle's Law, in honor of Michelle 
Morse on a bipartisan basis.
  Mr. STARK. Madam Speaker, I am pleased to rise in support of 
Michelle's Law. This is a small, but important piece of legislation 
that will give many college students the sense of security that they 
deserve regarding continuity of their health insurance.
  One of the most frightening moments in a parent's life is sending his 
or her child off to college. Yet, as parents, we feel comforted by the 
unspoken assumption that while at college our children will receive 
continuous access to health insurance based on their dependent status 
on our family policies. You can imagine the surprise and distress that 
AnnMarie Morse felt, then, when she learned that her daughter,

[[Page H7546]]

Michelle Morse, after falling ill from colon cancer, would only be 
covered by health insurance if she maintained a full-time class 
schedule while undergoing exhausting chemotherapy treatment. Michelle 
shouldn't have been forced to maintain that schedule--and risk her very 
recovery--because of her need to maintain her health insurance.
  Michelle's Law provides needed protections and will help students who 
are enrolled in college and who only qualify as dependents under their 
parents' health insurance plans because of their student status. If 
these students get seriously ill and need to take a physician-certified 
leave of absence from college for up to a year, they will be able to 
maintain their coverage under their parent's health insurance. If they 
graduate before that time is up, their coverage will expire when it 
normally would have anyway. This is common sense--and will ensure that 
student-based dependent coverage lives up to its stated goal. No 
student should be forced to stay in college--and risk ruining their 
academic standing--because of inability to simultaneously battle their 
serious illness or injury and maintain their grades.
  Although this bill is too late to help Michelle, we can still help 
other children who might one day have to make the choice between 
forcing themselves to go to school while severely ill or leaving school 
and trying to pay insurmountable fees. I'm advised that even the health 
insurance industry supports this bill. Let's stop debating and quickly 
pass this important piece of legislation. We owe it to our children to 
ensure that their health coverage is there when they need it most.
  Mr. GEORGE MILLER of California. Madam Speaker, I want to thank 
Representatives Hodes for introducing H.R. 2851, also known as 
Michelle's Law, and for his hard work in bringing the legislation to 
the House floor today.
  H.R. 2851 is named in honor of Michelle Morse who was diagnosed with 
cancer while she was attending college at Plymouth State University.
  While Michelle was facing one of the most difficult times in her life 
and desperately needed time off to deal with her diagnosis and receive 
treatment, her health insurer informed her that it would not cover her 
for chemotherapy treatments unless she continued in school full-time.
  As a result, Michelle had to keep up with her course work at the same 
time as she was receiving 48 hours of chemotherapy a week. She died in 
November 2005.
  Michelle's law declares that no college student should have as 
difficult a road as Michelle. Students should have the ability to focus 
on treatment and recovery before returning to school.
  H.R. 2851 amends ERISA, the Public Health Service Act and the 
Internal Revenue Code to require employers and health insurance 
companies to continue covering college students for up to 12 months if, 
as the result of an illness or injury, they need to take time off from 
school to receive treatment and to recover. The rights provided under 
the bill are in addition to those already provided under ERISA, COBRA 
and HIPAA. The bill also preserves stronger state laws.
  In fact many States are ahead of Congress on this issue and have 
already enacted laws that mandate insurers to cover children over 18 
under a family plan regardless of the child's school status. Nine 
States have laws similar to H.R. 2851 and require health plans to 
continue insuring students who withdraw from school or change their 
status due to an illness or injury.
  However, the state laws do not cover employer sponsored health plans 
regulated by ERISA which is one of the critical reasons H.R. 2851 is 
needed.
  Receiving a cancer diagnosis or suffering a serious injury can be 
devastating. We must ensure that students who are seriously ill or 
injured do not have to choose between their health and their health 
insurance.
  H.R. 2851 is a common sense bill that will benefit many young people 
facing adversity. I urge all of my colleagues to vote ``yes'' on H.R. 
2851.
  Mr. DINGELL. Madam Speaker, I rise today in support of H.R. 2851, 
``Michelle's Law.'' This legislation protects students that are covered 
under their parents' health plan from losing their health insurance if 
they require a medically necessary leave of absence from school.
  The impetus for this legislation--and the namesake for this bill--is 
a young woman named Michelle Morse. She was a full-time college student 
at Plymouth State University in New Hampshire who was diagnosed with 
colon cancer in 2003. Her doctors recommended that she cut back her 
college course load while undergoing chemotherapy treatment. She found, 
however, that if she cut back her classroom hours, she would lose her 
health insurance because she would no longer qualify as a dependent on 
her parents' health insurance plan.
  She could not afford other coverage options, and she was forced to 
remain in school as a full-time student while undergoing fourteen 
rounds of chemotherapy. In 2005, she succumbed to her illness. Her 
mother has since lobbied for laws that would extend the definition of 
dependents to allow college students needing medical leaves of absence 
from classwork to retain health insurance coverage on their parents' 
policies.
  I am pleased that this bill has bipartisan support. I thank Ranking 
Members Barton and Deal for their work as well as the Chairmen and 
Ranking Members of the Committees on Ways and Means and Education and 
Labor. Special acknowledgment should also go to Congressman Hodes of 
New Hampshire, who has been a champion for this bill from the start.
  Michelle's Law would make a small improvement in access to health 
insurance for individuals who find themselves in the precarious 
position of being at risk of losing their insurance because they are 
sick. We clearly have a long way to go to eliminate the growing problem 
of the uninsured and under insured, but this is a small step in that 
direction.
  I am pleased to support this legislation and look forward to working 
with my colleagues to move it to the President's desk.
  Mr. PALLONE. I yield back the balance of my time.
  Mr. DEAL of Georgia. I, likewise, urge the adoption of this 
legislation, and yield back the balance of my time.
  The SPEAKER pro tempore (Ms. Baldwin). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Pallone) that the House 
suspend the rules and pass the bill, H.R. 2851, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________