Page:United States Statutes at Large Volume 110 Part 3.djvu/212

 110 STAT. 1942 PUBLIC LAW 104-191—AUG. 21, 1996 presentation of certifications described in subsection (e) or in such other manner as may be specified in regulations. " (d) EXCEPTIONS.— " (1) EXCLUSION NOT APPLICABLE TO CERTAIN NEWBORNS.— Subject to paragr^h (4), a group health plan, and a health insurance issuer offering group health insurance coverage, may not impose any preexisting condition exclusion in the case of an individual who, as of the last day of the 30-day period beginning with the date of birth, is covered under creditable coverage. " (2) EXCLUSION NOT APPLICABLE TO CERTAIN ADOPTED CHIL- DREN.— Subject to paragraph (4), a group health plan, and a health insurance issuer offering group health insureince coverage, may not impose any preexisting condition exclusion in the case of a child who is adopted or placed for adoption before attaining 18 years of age and who, as of the last day of the 30-day period beginning on the date of the adoption or placement for adoption, is covered under creditable coverage. The previous sentence shall not apply to coverage before the date of such adoption or placement for adoption. "(3) EXCLUSION NOT APPLICABLE TO PREGNANCY. — A group health plan, and health insurance issuer ofTering group health insurance coverage, may not impose any preexisting condition exclusion relating to pregnancy as a preexisting condition. "(4) LOSS IF BREAK IN COVERAGE. —Paragraphs (1) and (2) shall no longer apply to an individual after the end of the first 63-day period during all of which the individual was not covered under any creditable coverage. "(e) CERTIFICATIONS AND DISCLOSURE OF COVERAGE.— " (1) REQUIREMENT FOR CERTIFICATION OF PERIOD OF CRED- ITABLE COVERAGE. — "(A) IN GENERAL. — A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide the certification described in subparagraph (B)- "(i) at the time an individual ceases to be covered under the plan or otherwise becomes covered under a COBRA continuation provision, "(ii) in the case of an individual becoming covered under such a provision, at the time the individual ceases to be covered under such provision, and "(iii) on the request on behalf of an individual made not later than 24 months after the date of cessation of the coverage described in clause (i) or (ii), whichever is later. The certification under clause (i) may be provided, to the extent practicable, at a time consistent with notices required under any applicable COBRA continuation provision. "(B) CERTIFICATION.— The certification described in this subparagraph is a written certification of— "(i) the period of creditable coverage of the individual under such plan and the coverage (if any) under such COBRA continuation provision, and "(ii) the waiting period (if any) (and affiliation period, if applicable) imposed with respect to the individual for any coverage under such plan.

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