Regulations - 90-day waiting period limitation under health care law 

February 20:  The Treasury Department and IRS* today released for publication in the Federal Register final regulations (T.D. 9656) and, by cross-reference, proposed regulations (REG-122706-12) concerning the 90-day waiting period limitation under provisions of the Affordable Care Act.

Today’s final rules amend existing provisions such as some of the portability provisions added by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) because those provisions of the HIPAA regulations have become superseded or require amendment as a result of the market reform protections added by the Affordable Care Act.

The proposed regulations are intended to clarify the maximum allowed length of any reasonable and bona fide employment-based orientation period, consistent with the 90-day waiting period limitation

The final regulations are effective 60 days after Monday, February 24, 2014—the date when they will be published in the Federal Register.

*Today’s regulations were jointly issued with agencies of the Department of Health and Human Services and the Labor Department.

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