What is the waiting period for grandfathered plans?

On Friday, August 15, 2014, the Governor signed into law Senate Bill (SB) 1034, which prohibits a health benefit plan for group or individual coverage from imposing a waiting or affiliation period before coverage becomes effective.

The intent of SB 1034 is to prohibit a health care service plan or health insurer offering group coverage from imposing a separate waiting or affiliation period in addition to any waiting period imposed by an employer for a group health plan on an otherwise eligible employee or dependent. Furthermore, the intent of SB 1034 is to permit a health care service plan or health insurer offering group coverage to administer a waiting period imposed by a plan sponsor in accordance with the provisions of the Affordable Care Act (ACA). Hence, an employer may impose a waiting period, however it must comply with the ACA, which prohibits waiting periods that exceed 90 days.

SB 1034 will be effective January 1, 2015, however, carriers may choose to incorporate this change prior to the effective date. This applies to non-grandfathered and grandfathered plans.