Public Health Service (PHS) Act section 2708, as added by the Affordable Care Act, provides that, in plan years beginning on or after Jan. 1, 2014, a group health plan or group health insurance issuer shall not apply any waiting period that exceeds how many days?
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A) 40
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B) 50
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C) 75
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D) 90
Correct!
According to the US Department of Labor, PHS Act section 2704(b)(4), ERISA section 701(b)(4), and Code section 9801(b)(4) define a waiting period to be "the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan.
"In previous regulations, the Departments defined a waiting period to mean the period that must pass before coverage for an employee or dependent who is otherwise eligible to enroll under the terms of a group health plan can become effective.(5) Unlike Code section 4980H, PHS Act section 2708 does not distinguish between full-time and part-time employees."
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