New temporary guidance has been released regarding the 90-day maximum waiting period mandated

New temporary guidance has been released regarding the 90-day maximum waiting period mandated by the Affordable Care Act (ACA). The ACA stipulates that for plan years beginning on or after Jan. 1, 2014, group health plans and group health insurance issuers may not apply any waiting period that exceeds 90 days.

This temporary guidance, Notice 2012-59, was issued on Aug. 31, 2012, and will remain in effect at least through the end of 2014.

According to the guidance, a waiting period is the period of time that must pass before coverage for an employee or dependent who is otherwise eligible to enroll under the terms of your plan can become effective. Employees and dependents are eligible when they have met your plan’s eligibility conditions, as specified in your plan’s terms.

Any eligibility condition that is based solely on the lapse of time cannot be longer than 90 days. Read more

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