Proposed regulations - Rules to implement 90-day waiting period limitation under Affordable Care Act 

March 18: The Treasury Department and IRS, jointly with the Department of Health and Human Services (HHS), today released for publication in the Federal Register proposed regulations (REG-122706-12) to implement the 90-day waiting period limitation and to make technical amendments to the health care coverage requirements under the Affordable Care Act (as the 2010 health care reform law is known).

Today’s proposed regulations [PDF 306 KB] provide that a group health plan or a health insurance issuer offering group health insurance coverage is not to apply any waiting period that exceeds 90 days.


  • If under the plan, an employee can elect coverage that becomes effective on a date that does not exceed the 90-day waiting period limitation, the coverage complies with the waiting period rules.
  • The plan or issuer thus is not considered to be violating the waiting period rules merely because individuals choose to elect coverage beyond the end of the 90-day waiting period.

Comments concerning the proposed regulations are requested, and are due by a date that is 60 days after the proposed regulations are published in the Federal Register—which is scheduled for Thursday, March 21, 2013.




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