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,
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