Page:United States Statutes at Large Volume 110 Part 3.djvu/211

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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