The Children's Health Insurance Program Reauthorization Act of 2009 ("CHIP"), signed into law on February 4, 2009, made changes to HIPAA's special enrollment provisions.

Effective April 1, 2009, CHIP permits an eligible employee, or an eligible dependent, to enroll in a group health plan if (1) the employee's or dependent's coverage under Medicaid or a State children's health plan is terminated or (2) the employee or dependent becomes eligible for employment assistance under Medicaid or a State children's health plan, and the employee requests coverage under the group health plan not later than sixty (60) days after the date of termination of such coverage or of determination of eligibility for assistance, respectively.

Action required by Employer: The HIPAA special enrollment notice sent to newly eligible participants in the group health plan and the plan's summary plan description must be updated to reflect this change. In addition, the group health plan document should be reviewed to ensure it provides for a sixty (60) day notice period for requests for coverage related to this change.