Page:United States Statutes at Large Volume 110 Part 3.djvu/214

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110 STAT. 1944 PUBLIC LAW 104-191—AUG. 21, 1996 ment) or employer contributions toward such coverage were terminated. "(D) Under the terms of the plan, the employee requests such enrollment not later than 30 days after the date of exhaustion of coverage described in subparagraph (C)(i) or termination of coverage or employer contribution described in subparagraph (C)(ii). " (2) FOR DEPENDENT BENEFICIARIES.— "(A) IN GENERAL.—If — "(i) a group health plan makes coverage available with respect to a dependent of an individual, "(ii) the individual is a participant under the plan (or has met any waiting period applicable to becoming a participant under the plan and is eligible to be enrolled under the plsm but for a failure to enroll during a previous enrollment period), and "(iii) a person becomes such a dependent of the individual through marriage, birth, or adoption or placement for adoption, the group health plan shall provide for a dependent special enrollment period described in subparagraph (B) during which the person (or, if not otherwise enrolled, the individual) may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if such spouse is otherwise eligible for coverage. " (B) DEPENDENT SPECIAL ENROLLMENT PERIOD.—A dependent special enrollment period under this subparagraph shall be a period of not less than 30 days and shall begin on the later of— "(i) the date dependent coverage is made available, or "(ii) the date of the marriage, birth, or adoption or placement for adoption (as the case may be) described in subparagraph (A)(iii). "(C) No WAITING PERIOD.— If an individual seeks to enroll a dependent during the first 30 days of such a dependent special enrollment period, the coverage of the dependent shall become effective— "(i) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received; "(ii) in the case of a dependent's birth, as of the date of such birth; or "(iii) in the case of a dependent's adoption or placement for adoption, the date of such adoption or placement for adoption. " (g) USE OF AFFILIATION PERIOD BY HMOS AS ALTERNATIVE TO PREEXISTING CONDITION EXCLUSION.— "(1) IN GENERAL.— In the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, the plan may provide for an aftiliation period with respect to coverage through the organization only if— "(A) no preexisting condition exclusion is imposed with respect to coverage through the organization,