123STA T .7 1 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9‘ ‘ (B)CO O RDINAT ION W IT HME DI C AID AND CHI P.— ‘‘( i ) OU TREACH TO EMP L O Y EE S RE G ARDING A V AIL - A B ILITY O F MEDICAID AND CHIP COVERAGE.— ‘‘( I ) IN GENERAL.— Eachemploy e rt hat mai n - tain s a g ro u p health plan in a S tate that pro v i d es medical assistance under a State M edicaid plan under title X IXo f the Social Security A ct , or child health assistance under a State child health plan under title XXI of such Act, in the form of premium assistance for the purchase of coverage under a group health plan, shall provide to each employee a w ritten notice informing the employee of poten- tial opportunities then currently availa b le in the State in which the employee resides for premium assistance under such plans for health coverage of the employee or the employee ’ s dependents. F or purposes of compliance with this subclause, the employer may use any State-specific model notice developed in accordance with section 701 (f)( 3 )(B)(i)(II) of the Employee R etirement Income Security Act of 1 9 7 4 ( 2 9 U .S.C. 11 8 1(f)(3)(B)(i)(II)). ‘‘(II) OPTION TO PROVIDE CONCURRENT WITH PROVISION OF PLAN MATERIALS TO EMPLOYEE.—An employer may provide the model notice applicable to the State in which an employee resides concur- rent with the furnishing of materials notifying the employee of health plan eligibility, concurrent with materials provided to the employee in connection with an open season or election process conducted under the plan, or concurrent with the furnishing of the summary plan description as provided in section 104(b) of the Employee Retirement Income Security Act of 1974. ‘‘(ii) D ISCLOSURE ABOUT GROUP HEALTH PLAN BENE- FITS TO STATES FOR MEDICAID AND CHIP ELIGIBLE INDIVIDUALS.—In the case of an enrollee in a group health plan who is covered under a Medicaid plan of a State under title XIX of the Social Security Act or under a State child health plan under title XXI of such Act, the plan administrator of the group health plan shall disclose to the State, upon re q uest, informa- tion about the benefits available under the group health plan in sufficient specificity, as determined under regulations of the Secretary of H ealth and Human Services in consultation with the Secretary that require use of the model coverage coordination disclosure form developed under section 311(b)(1)(C) of the Children’s Health Insurance Reauthori z ation Act of 2009, so as to permit the State to ma k e a determina- tion (under paragraph (2)(B), (3), or (10) of section 210 5 (c) of the Social Security Act or otherwise) con- cerning the cost-effectiveness of the State providing medical or child health assistance through premium assistance for the purchase of coverage under such group health plan and in order for the State to provide Notif i ca tio n.
