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On March 21, 2013, federal agencies published in the Federal Registerproposed regulations on a requirement under the Patient Protection and Affordable Care Act (PPACA) that prohibits group health plans and health insurance issuers offering group health insurance coverage from imposing any waiting period that exceeds 90 days.
A waiting period is defined as the period that must pass before coverage for an employee or dependent who is otherwise eligible to enroll under the terms of a group health plan can become effective. The new regulations implement this requirement, as well as amend existing requirements—such as preexisting condition limitations and other portability provisions added by the Health Insurance Portability and Accountability Act (HIPAA)—to conform them to other PPACA provisions. Some key elements of the proposal are as follows:
The agencies invite comments through May 20, 2013, on these proposed regulations. Among other topics, the agencies are interested in whether additional examples or provisions are needed to address multiemployer plans, and the applicability dates.
Ilyse Schuman is a shareholder in the Washington, D.C., office of Littler Mendelson. She provides strategic counsel and representation to clients on a broad array of workplace issues and developments in Congress and executive branch federal agencies. © 2013 Littler Mendelson. All rights reserved. Republished with permission.
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