110 STAT. 1960 PUBLIC LAW 104-191—AUG. 21, 1996 enrolled under the plan 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.— ^A health maintenance organization which offers health insurance coverage in connection with a group health plan and which does not impose any preexisting condition exclusion allowed under subsection (a) with respect to any particular coverage option may impose an affiliation period for such coverage option, but only if— "(A) such period is applied uniformly without regard to any health status-related factors; and "(B) such period does not exceed 2 months (or 3 months in the case of a late enrollee). " (2) AFFILIATION PERIOD. — "(A) DEFINED.— For purposes of this title, the term 'affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective. The organization is not required to provide health care services or benefits during such period and no premium shall be charged to the participant or beneficiary for any coverage during the period.
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