123STA T .70PUBLIC LA W 111 – 3 —FE B. 4, 200 9firstplanye art h at b e g ins after the d ate o n w hi c hs u ch m odel co v erage coordination disclosure form is first issued .(E) E NFORCEM EN T . —S ection 502 of the Employee R etirement I ncome Security A ct of 1974 (29 U .S. C . 11 3 2) is amended— (i) in subsection (a)( 6 ) , by stri k ing ‘ ‘or ( 8 ) ’ ’ and inserting ‘‘(8), or (9)’’
and (ii) in subsection (c), by redesignating paragraph (9) as paragraph (10), and by inserting after paragraph (8) the following
‘‘(9)(A) T he Secretary may assess a civil penalty against any employer of up to $ 100 a day from the date of the employer’s failure to meet the notice re q uirement of section 701(f)(3)( B )(i)(I). F or purposes of this subparagraph, each violation with respect to any single employee shall be treated as a separate violation. ‘‘(B) The Secretary may assess a civil penalty against any plan administrator of up to $100 a day from the date of the plan administrator’s failure to timely provide to any State the informa - tion required to be disclosed under section 701(f)(3)(B)(ii). For pur- poses of this subparagraph, each violation with respect to any single participant or beneficiary shall be treated as a separate violation.’’. (2) AMEN D MENT S TO PUBLI C H E A LTH SER V ICE ACT.—Section 2701(f) of the P ublic H ealth Service Act (42 U.S.C. 300gg(f)) is amended by adding at the end the following new paragraph: ‘‘(3) SPECIAL RULES FOR APPLICATION IN CASE OF MEDICAID AND CHIP.— ‘‘(A) IN G ENERAL.—A group health plan, and a health insurance issuer offering group health insurance coverage in connection with 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) TERMINATION 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 (or health insurance coverage) not later than 60 days after the date of termination of such coverage. ‘‘(ii) ELIGIBILIT 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 or health insurance cov- erage, 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 or health insurance coverage not later than 60 days after the date the employee or dependent is determined to be eligible for such assistance. Deadlin e s.
