Page:United States Statutes at Large Volume 110 Part 3.djvu/344

 110 STAT. 2074 PUBLIC LAW 104-191—AUG. 21, 1996 the fact that the condition was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. "(B) TREATMENT OF GENETIC INFORMATION.—For purposes of this section, genetic information shall not be treated as a condition described in subsection (a)(1) in the absence of a diagnosis of the condition related to such information. "(2) ENROLLMENT DATE.— The term 'enrollment date' means, with respect to an individual covered under a group health plan, the date of enrollment of the individual in the plan or, if earlier, the first day of the waiting period for such enrollment. "(3) LATE ENROLLEE. —The term 'late enrollee' means, with respect to coverage under a group health plan, a participant or beneficiary who enrolls under the plan other than during— "(A) the first period in which the individual is eligible to enroll under the plan, or "(B) a special enrollment period under subsection (f). "(4) WAITING PERIOD.— The term 'waiting period' means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, 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. " (c) RULES RELATING TO CREDITING PREVIOUS COVERAGE.— "(1) CREDITABLE COVERAGE DEFINED.— For purposes of this part, the term 'creditable coverage' means, with respect to an individual, coverage of the individual under any of the following: " (A) A group health plan. "(B) Health insurance coverage. "(C) Part A or part B of title XVIII of the Social Security Act. "(D) Title XIX of the Social Security Act, other than coverage consisting solely of benefits under section 1928. "(E) Chapter 55 of title 10, United States Code. "(F) A medical care program of the Indian Health Service or of a tribal organization. "(G) A State health benefits risk pool. "(H) A health plan offered under chapter 89 of title 5, United States Code. "(I) A public health plan (as defined in regulations). "(J) A health benefit plan under section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)). Such term does not include coverage consisting solely of coverage of excepted benefits (as defined in section 9805(c)). "(2) NOT COUNTING PERIODS BEFORE SIGNIFICANT BREAKS IN COVERAGE. — "(A) IN GENERAL. —^A period of creditable coverage shall not be counted, with respect to enrollment of an individual under a group health plan, if, after such period and before the enrollment date, there was a 63-day period during all of which the individual was not covered under any creditable coverage.

�