[Code of Federal Regulations] [Title 45, Volume 1] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR146.117] [Page 587-591] TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES PART 146--REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET--Table of Contents Subpart B--Requirements Relating to Access and Renewability of Coverage, and Limitations on Preexisting Condition Exclusion Periods Sec. 146.117 Special enrollment periods. (a) Special enrollment for certain individuals who lose coverage-- (1) General. A [[Page 588]] group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, is required to permit employees and dependents described in this section in paragraph (a)(2), (a)(3), or (a)(4) to enroll for coverage under the terms of the plan if the conditions in paragraph (a)(5) are satisfied and the enrollment is requested within the period described in paragraph (a)(6). The enrollment is effective at the time described in paragraph (a)(7). The special enrollment rights under this paragraph (a) apply without regard to the dates on which an individual would otherwise be able to enroll under the plan. (2) Special enrollment of an employee only. An employee is described in this paragraph (a)(2) if the employee is eligible, but not enrolled, for coverage under the terms of the plan and, when enrollment was previously offered to the employee under the plan and was declined by the employee, the employee was covered under another group health plan or had other health insurance coverage. (3) Special enrollment of dependents only. A dependent is described in this paragraph (a)(3) if the dependent is a dependent of an employee participating in the plan, the dependent is eligible, but not enrolled, for coverage under the terms of the plan, and, when enrollment was previously offered under the plan and was declined, the dependent was covered under another group health plan or had other health insurance coverage. (4) Special enrollment of both employee and dependent. An employee and any dependent of the employee are described in this paragraph (a)(4) if they are eligible, but not enrolled, for coverage under the terms of the plan and, when enrollment was previously offered to the employee or dependent under the plan and was declined, the employee or dependent was covered under another group health plan or had other health insurance coverage. (5) Conditions for special enrollment. An employee or dependent is eligible to enroll during a special enrollment period if each of the following applicable conditions is met: (i) When the employee declined enrollment for the employee or the dependent, the employee stated in writing that coverage under another group health plan or other health insurance coverage was the reason for declining enrollment. This paragraph (a)(5)(i) applies only if-- (A) The plan required such a statement when the employee declined enrollment; and (B) The employee is provided with notice of the requirement to provide the statement in paragraph (a)(5)(i) (and the consequences of the employee's failure to provide the statement) at the time the employee declined enrollment. (ii)(A) When the employee declined enrollment for the employee or dependent under the plan, the employee or dependent had COBRA continuation coverage under another plan and COBRA continuation coverage under that other plan has since been exhausted; or (B) If the other coverage that applied to the employee or dependent when enrollment was declined was not under a COBRA continuation provision, either the other coverage has been terminated as a result of loss of eligibility for the coverage or employer contributions towards the other coverage have been terminated. For this purpose, loss of eligibility for coverage includes a loss of coverage as a result of legal separation, divorce, death, termination of employment, reduction in the number of hours of employment, and any loss of eligibility after a period that is measured by reference to any of the foregoing. Thus, for example, if an employee's coverage ceases following a termination of employment and the employee is eligible for but fails to elect COBRA continuation coverage, this is treated as a loss of eligibility under this paragraph (a)(5)(ii)(B). However, loss of eligibility does not include a loss due to failure of the individual or the participant to pay premiums on a timely basis or termination of coverage for cause (such as making a fraudulent claim or an intentional misrepresentation of a material fact in connection with the plan). In addition, for purposes of this paragraph (a)(5)(ii)(B), employer contributions include contributions by any current or [[Page 589]] former employer (of the individual or another person) that was contributing to coverage for the individual. (6) Length of special enrollment period. The employee is required to request enrollment (for the employee or the employee's dependent, as described in this section in paragraph (a)(2), paragraph (a)(3), or paragraph (a)(4)) not later than 30 days after the exhaustion of the other coverage described in paragraph (a)(5)(ii)(A) or termination of the other coverage as a result of the loss of eligibility for the other coverage for items described in paragraph (a)(5)(ii)(B) or following the termination of employer contributions toward that other coverage. The plan may impose the same requirements that apply to employees who are otherwise eligible under the plan to immediately request enrollment for coverage (for example, that the request be made in writing). (7) Effective date of enrollment. Enrollment is effective not later than the first day of the first calendar month beginning after the date the completed request for enrollment is received. (b) Special enrollment with respect to certain dependent beneficiaries--(1) General. A group health plan that makes coverage available with respect to dependents of a participant is required to provide a special enrollment period to permit individuals described in this section in paragraph (b)(2), (b)(3), (b)(4), (b)(5), or (b)(6) to be enrolled for coverage under the terms of the plan if the enrollment is requested within the time period described in paragraph (b)(7). The enrollment is effective at the time described in paragraph (b)(8). The special enrollment rights under this paragraph (b) apply without regard to the dates on which an individual would otherwise be able to enroll under the plan. (2) Special enrollment of an employee who is eligible but not enrolled. An individual is described in this paragraph (b)(2) if the individual is an employee who is eligible, but not enrolled, for coverage under the terms of the plan, the individual would be a participant but for a prior election by the individual not to enroll in the plan during a previous enrollment period, and a person becomes a dependent of the individual through marriage, birth, or adoption or placement for adoption. (3) Special enrollment of a spouse of a participant. An individual is described in this paragraph (b)(3) if either-- (i) The individual becomes the spouse of a participant; or (ii) The individual is a spouse of the participant and a child becomes a dependent of the participant through birth, adoption, or placement for adoption. (4) Special enrollment of an employee who is eligible, but not enrolled, for coverage under the terms of the spouse of such employee. An employee who is eligible, but not enrolled, in the plan, and an individual who is a dependent of such employee, are described in this paragraph (b)(4) if the employee would be a participant but for a prior election by the employee not to enroll in the plan during a previous enrollment period, and either-- (i) The employee and the individual become married; or (ii) The employee and individual are married and a child becomes a dependent of the employee through birth, adoption or placement for adoption. (5) Special enrollment of a dependent of a participant. An individual is described in this paragraph (b)(5) if the individual is a dependent of a participant and the individual becomes a dependent of such participant through marriage, birth, or adoption or placement for adoption. (6) Special enrollment of an employee who is eligible but not enrolled and a new dependent. An employee who is eligible, but not enrolled, for coverage under the terms of the plan, and an individual who is a dependent of the employee, are described in this paragraph (b)(6) if the employee would be a participant but for a prior election by the employee not to enroll in the plan during a previous enrollment period, and the dependent becomes a dependent of the employee through marriage, birth, or adoption or placement for adoption. (7) Length of special enrollment period. The special enrollment period under paragraph (b)(1) of this section is a period of not less than 30 days and begins on the date of the marriage, birth, or adoption or placement for adoption (except that such period does not begin [[Page 590]] earlier than the date the plan makes dependent coverage generally available). (8) Effective date of enrollment. Enrollment is effective-- (i) In the case of marriage, not later than the first day of the first calendar month beginning after the date the completed request for enrollment is received by the plan; (ii) In the case of a dependent's birth, the date of such birth; and (iii) In the case of a dependent's adoption or placement for adoption, the date of such adoption or placement for adoption. (9) Example. The following example illustrates the requirements of this paragraph (b): Example: (i) Employee A is hired on September 3, 1998 by Employer X, which has a group health plan in which A can elect to enroll either for employee-only coverage, for employee-plus-spouse coverage, or for family coverage, effective on the first day of any calendar quarter thereafter. A is married and has no children. A does not elect to join Employer X's plan (for employee-only coverage, employee-plus-spouse coverage, or family coverage) on October 1, 1998 or January 1, 1999. On February 15, 1999, a child is placed for adoption with A and A's spouse. (ii) In this Example, the conditions for special enrollment of an employee with a new dependent under paragraph (b)(2) are satisfied, the conditions for special enrollment of an employee and a spouse with a new dependent under paragraph (b)(4) are satisfied, and the conditions for special enrollment of an employee and a new dependent under paragraph (b)(6) are satisfied. Accordingly, Employer X's plan will satisfy this paragraph (b) if and only if it allows A to elect, by filing the required forms by March 16, 1999, to enroll in Employer X's plan either with employee-only coverage, with employee-plus-spouse coverage, or with family coverage, effective as of February 15, 1999. (c) Notice of enrollment rights. On or before the time an employee is offered the opportunity to enroll in a group health plan, the plan is required to provide the employee with a description of the plan's special enrollment rules under this section. For this purpose, the plan may use the following model description of the special enrollment rules under this section: If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance coverage, you may in the future be able to enroll yourself or your dependents in this plan, provided that you request enrollment within 30 days after your other coverage ends. In addition, if you have a new dependent as a result of marriage, birth, adoption or placement for adoption, you may be able to enroll yourself and your dependents, provided that you request enrollment within 30 days after the marriage, birth, adoption, or placement for adoption. (d) Special enrollment date definition. (1) General rule. A special enrollment date for an individual means any date in paragraph (a)(7) or paragraph (b)(8) of this section on which the individual has a right to have enrollment in a group health plan become effective under this section. (2) Examples. The following examples illustrate the requirements of this paragraph (d): Example 1: (i) Employer Y maintains a group health plan that allows employees to enroll in the plan either (a) effective on the first day of employment by an election filed within three days thereafter, (b) effective on any subsequent January 1 by an election made during the preceding months of November or December, or (c) effective as of any special enrollment date described in this section. Employee B is hired by Employer Y on March 15, 1998 and does not elect to enroll in Employer Y's plan until January 31, 1999 when B loses coverage under another plan. B elects to enroll in Employer Y's plan effective on February 1, 1999 by filing the completed request form by January 31, 1999, in accordance with the special rule set forth in paragraph (a). (ii) In this Example, B has enrolled on a special enrollment date because the enrollment is effective at a date described in paragraph (a)(7). Example 2: (i) Same facts as Example 1, except that B's loss of coverage under the other plan occurs on December 31, 1998 and B elects to enroll in Employer Y's plan effective on January 1, 1999 by filing the completed request form by December 31, 1998, in accordance with the special rule set forth in paragraph (a). [[Page 591]] (ii) In this Example, B has enrolled on a special enrollment date because the enrollment is effective at a date described in paragraph (a)(7) (even though this date is also a regular enrollment date under the plan). (Approved by the Office of Management and Budget under control number 0938-0702.) [62 FR 16958, Apr. 8, 1997; 62 FR 31694, June 10, 1997, as amended at 62 FR 35906, July 2, 1997]