123STA T .67PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9noticesf o rpu rposes of su b p a ra g rap h(A).T he S ec - retar y sha l l pro v i d ee m ployers w ith such model notices so as to enable employers to timely comply with the re q uirements of subparagraph (A). Such model notices shall include information regarding how an employee may contact the State in which the employee resides for additional information regarding potential opportunities for such pre- mium assistance , including how to apply for such assistance. ‘ ‘( I II) OPTION TOP R O V I DEC ONC U RRENT W IT H PROVI S ION O F P LA N M ATERIALS TO EMPLO Y EE. — 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). ‘‘(ii) D ISCLOSURE A B OUT G ROUP HEALTH PLAN BENE- FITS TO STATES FOR MEDICAID AND CHIP ELIGIBLE INDIVIDUALS.—In the case of a participant or bene- ficiary of a group health plan who is covered under a M edicaid plan of a State under title X IX 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 request, information 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 3 11(b)(1)( C ) of the Children ’ s Health Insurance P ro- gram R eauthori z ation Act of 2 00 9 , so as to permit the State to ma k e a determination (under paragraph (2)( B ), (3), or (10) of section 210 5 (c) of the Social Secu- rity Act or otherwise) concerning the cost-effectiveness of the State providing medical or child health assist- ance through premium assistance for the purchase of coverage under such group health plan and in order for the State to provide supplemental benefits required under paragraph (10)( E ) of such section or other authority.’’. (B) CONFORMING AMENDMENT.—Section 102(b) of the Employee Retirement Income Security Act of 19 7 4 (29 U .S.C. 1022(b)) is amended— (i) by striking ‘‘and the remedies’’ and inserting ‘‘, the remedies’’
and (ii) by inserting before the period the following
‘‘, and if the employer so elects for purposes of com- plying with section 701(f)(3)(B)(i), the model notice applicable to the State in which the participants and beneficiaries reside’’.
