Thursday, March 21, 2013

Update: Affordable Care Act

Federal Government Releases Proposed Rule on 90-day Waiting Period

On March 18, the federal government issued a proposed rule on the 90-day waiting period that would implement the 90-day waiting period limitation and make technical amendments to the Affordable Care Act's (ACA) health care coverage requirements.

Under the proposed rule, for plan years beginning on or after Jan. 1, 2014, employers that provide a group health plan or health insurance issuer offering group health insurance coverage cannot require an otherwise eligible employee (or dependent) to wait more than 90 days before coverage becomes effective.

The proposed rule also clarifies that any period before a late or special enrollment by an employee is not a waiting period.  The proposed conforming amendments make changes to existing requirements and other portability provisions that are either no longer applicable or need to be changed because of new market reform protections under ACA.

The proposed rule will be published in the Federal Register today, March 21st.  Comments will be due 60 days after publication.

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