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2009 FMLA Regulations

As of January 16, 2009, the new 2009 Family Medical Leave Act (FMLA) regulations
are effective. Please click on the document link for specific details. 
 
http://www.dol.gov/whd/fmla/finalrule.htm
Michelle's Law
As of October 9, 2009 a student may continue their group coverage (for up to a year) when taking a medical leave of absence from school.  The dependent's physician must certify the medical necessity for the leave.  

Mental Health Parity
Previously, the mental heath parity (MHP) legislation had to be renewed annually.  Now it is a permanent provision in the law.  the new law imposes greater restrictions on what must be done in order to be considered in compliance.  In the past, groups could opt out if the cost of compliance resulted in a 1% increase in the actual total cost.  The new law increases the cost threshold to 2%.  Small employer groups (under 50 in size) are still exempt from MHP laws. 

One important condition of this new law is the financial and cost-sharing requirement of a group's mental health or substance abuse plan which cannot be more restrictive than a group's medical/surgical plan.



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