The Wagner Law Group Description
Wagner Law Group, A Professional Corporation, is a nationally
recognized ERISA & employee benefits, estate planning,
employment, labor & human resources practice.
in 1996, The Wagner Law Group has 23 attorneys engaged
exclusively in employee benefits, estate planning and
employment law. Seven of our attorneys are AV rated by
Martindale-Hubbell as having very high to preeminent legal abilities
and ethical standards. The firm is among the largest ERISA boutiques
in the country. Our practice is national in scope, with clients in
more than 40 states and several foreign countries.
Wagner Law Group
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
Francisco, CA 94104
February 27, 2014
State and Federal Law
Final Regulations on PPACA's 90-Day Waiting Period
IRS, DOL, and HHS have
released final regulations implementing the 90-day waiting period
provision of the Patient Protection and Affordable Care Act
("PPACA"), which requires group health plans to make health
insurance coverage available to an "otherwise eligible"
employee no later than 90 days after the employee's eligibility date.
The 90-day waiting period provision, which applies to
both large and small employers as well as grandfathered and
non-grandfathered plans, takes effect on the first day of the 2014
plan year. However, for plan years beginning in 2014, group health
plans may comply with either the proposed or final regulations. The
final regulations are effective for all plan years beginning on or
after January 1, 2015.
The final regulations maintain many of the provisions
found in the proposal, including the following:
- All calendar days are counted for purposes of the
90-day limit, including weekends and holidays, beginning on the
individual's enrollment date.
- Employers may require employees to satisfy other
requirements that are not time-based, such as being in a
particular job classification or achieving job-related licensure
- Employers may impose a cumulative hours-of-service
requirement before the 90-day waiting period begins, but the
requirement cannot exceed 1,200 hours. This requirement can only
be applied once to a new hire, and may not be reapplied on an
- Employers may treat former employees who are rehired
as new hires and may require these rehired employees to again
meet the plan's eligibility criteria and to satisfy the waiting
- Employers may require employees to complete a
reasonable and bona-fide employment based orientation period as
a condition for eligibility. The orientation period may not last
for more than one month.
The final regulations also update several HIPAA rules to
accommodate certain changes made by PPACA. Specifically, the final
regulations recognize that certificates of creditable coverage are no
longer needed because of PPACA's ban on preexisting condition
exclusions, which becomes effective on the first day of the first
plan year beginning on or after January 1, 2014. Under the final
regulations, the creditable coverage certificate requirement is
eliminated, effective December 31, 2014.
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