PUBLIC LAW 104-191—AUG. 21, 1996
110 STAT. 1941
"(F) A medical care program of the Indian Health
Service or of a tribal organization.
"(G) A State health benefits risk pool.
"(H) A health plan offered under chapter 89 of title
5, United States Code.
"(I) A public health plan (as defined in regulations).
"(J) A heedth benefit plan under section 5(e) of the
Peace Corps Act (22 U.S.C. 2504(e)).
Such term does not include coverage consisting solely of coverage of excepted benefits (as defined in section 706(c)).
"(2) NOT coinNfTiNG PERIODS BEFORE SIGNIFICANT BREAKS
IN COVERAGE.—
"(A) IN GENERAL.—^A period of creditable coverage shall
not be counted, with respect to enrollment of an individual
under a group health plan, if, after such period and before
the enrollment date, there was a 63-day period during
all of which the individual was not covered under any
creditable coverage.
" (B) WAITING PERIOD NOT TREATED AS A BREAK IN COV-
ERAGE.— For purposes of subparagraph (A) and subsection
(d)(4), any period that an individual is in a waiting period
for any coverage under a group health plan (or for group
health insurance coverage) or is in an affiliation period
(as defined in subsection (g)(2)) shall not be tsiken into
account in determining the continuous period under
subparagraph (A).
"(3) METHOD OF CREDITING COVERAGE. —
"(A) STANDARD METHOD.—Except as otherwise provided
under subparagraph (B), for purposes of applying subsection (a)(3), a group health plan, and a health insurance
issuer offering group health insurance coverage, shall count
a period of creditable coverage without regard to the specific
benefits covered during the period.
"(B) ELECTION OF ALTERNATIVE METHOD.—A group
health plan, or a health insurance issuer offering group
health insurance coverage, may elect to apply subsection
(a)(3) based on coverage of benefits within each of several
classes or categories of benefits specified in regulations
rather than as provided under subparagraph (A). Such
election shall be made on a uniform basis for all participants and beneficiaries. Under such election a group health
plsin or issuer shall count a period of creditable coverage
with respect to any class or category of benefits if any
level of benefits is covered within such class or category.
"(C) PLAN NOTICE. —In the case of an election with
respect to a group health plan under subparagraph (B)
(whether or not health insurance coverage is provided in
connection with such plan), the plan shall—
"(i) prominently state in any disclosure statements
concerning the plan, and state to each enrollee at the
time of enrollment under the plan, that the plan has
made such election, and
"(ii) include in such statements a description of
the effect of this election.
"(4) ESTABLISHMENT OF PERIOD.—Periods of creditable coverage with respect to an individual shall be established through
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