Page:United States Statutes at Large Volume 110 Part 3.djvu/348

 110 STAT. 2078 PUBLIC LAW 104-191—AUG. 21, 1996 a participant under the plan and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period), and "(iii) a person becomes such a dependent of the individual through marriage, birth, or adoption or placement for adoption, the group health plan shall provide for a dependent special enrollment period described in subparagraph (B) during which the person (or, if not otherwise enrolled, the individual) may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if such spouse is otherwise eligible for coverage. "(B) DEPENDENT SPECIAL ENROLLMENT PERIOD.— The dependent special enrollment period under this subparagraph shall be a period of not less than 30 days and shall begin on the later of— "(i) the date dependent coverage is made available, or "(ii) the date of the marriage, birth, or adoption or placement for adoption (as the case may be) described in subparagraph (A)(iii). "(C) No WAITING PERIOD.—I f an individual seeks coverage of a dependent during the first 30 days of such a dependent special enrollment period, the coverage of the dependent shall become effective— "(i) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received; "(ii) in the case of a dependent's birth, as of the date of such birth; or "(iii) in the case of a dependent's adoption or placement for adoption, the date of such adoption or placement for adoption. «SEC. 9802. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS. "(a) IN ELIGIBILITY TO ENROLL. — "(1) IN GENERAL. —Subject to paragraph (2), a group health plan may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the following factors in relation to the individual or a dependent of the individual: "(A) Health status. "(B) Medical condition (including both physical and mental illnesses). "(C) Claims experience. "(D) Receipt of health care. "(E) Medical history. "(F) Genetic information. "(G) Evidence of insurability (including conditions arising out of acts of domestic violence). "(H) Disability.

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