123STA T .64PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9employ e rs l ik ely t o pro v i d e qua li f ied employer - spo n - sored c overa g e ( as defined in su b paragrap h ( B) of such paragraph) , butnottoe x ceed an amount equal to 1.25 percent of the maximum amount permitted to be expended under subparagraph ( A ) for items described in subsection (a)(1)( D ). ’ ’. Subti t leB—Co o rd i na tin gP re m ium As sistan c e W it h Pri v ate Coverage SEC.31 1.S P EC IAL E NRO LL M EN T PERIO DU NDER G ROUP H EALTH PLANS IN CASE O F TERMINATION OF MEDICAID OR CHIP CO V ERAGE OR ELIGI B ILIT Y FOR ASSISTANCE IN PUR - CHASE OF EMPLOYMENT-BASED COVERAGE
COORDINA- TION OF COVERAGE. (a) A MEND MEN TS T OI NTE R N ALR E V EN U E C ODE O F 1 986 . —S ec- tion 98 0 1(f) of the Internal Revenue Code of 1986 (relating to special enrollment periods) is amended by adding at the end the follo w ing new paragraph
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‘( 3 )S P E CI AL RULES RELATIN G TO MEDICAID AND C H IP.— ‘‘(A) IN GENERAL.—A group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan if either of the following conditions is met: ‘‘(i) T ERMINATION OF MEDICAID OR CHIP COV- ERAGE.—The employee or dependent is covered under a M edicaid plan under title X IX of the Social Security Act or under a State child health plan under title XXI of such Act and coverage of the employee or dependent under such a plan is terminated as a result of loss of eligibility for such coverage and the employee requests coverage under the group health plan not later than 60 days after the date of termination of such coverage. ‘‘(ii) E LIGI B ILIT Y FOR EMPLOYMENT ASSISTANCE UNDER MEDICAID OR CHIP.—The employee or dependent becomes eligible for assistance, with respect to coverage under the group health plan under such Medicaid plan or State child health plan (including under any waiver or demonstration pro j ect conducted under or in relation to such a plan), if the employee requests coverage under the group health plan not later than 60 days after the date the employee or dependent is determined to be eligible for such assistance. ‘‘(B) EMPLOYEE OUTREACH AND DISCLOSURE.— ‘‘(i) O UTREACH TO EMPLOYEES REGARDING AVAIL- ABILITY OF MEDICAID AND CHIP COVERAGE.— ‘‘(I) IN GENERAL.—Each employer that main- tains a group health plan in a State that provides medical assistance under a State Medicaid plan under title XIX of the Social Security Act, or child health assistance under a State child health plan under title XXI of such Act, in the form of premium Notif i ca tio n.De a dl ine s . 26USC9801 .
