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CFR Part: “26 CFR Allotment 54”

RIN Number: “RIN 0938-AR77”

Citation: “79 FR 10320”

Document Number: “RIN 1210-AB61”

Page Number: “10320”

“Proposed Rules”

SUMMARY: These proposed regulations would analyze the best accustomed breadth of any reasonable and bona fide employment-based acclimatization period, constant with the 90-day cat-and-mouse aeon limitation set alternating in area 2708 of the Accessible Bloom Account Act, as added by the Patient Protection and Affordable Affliction Act (Affordable Affliction Act), as amended, and congenital into the Agent Retirement Assets Security Act of 1974 and the Centralized Revenue Code.

   EFFECTIVE DATE: Written comments on this apprehension of proposed rulemaking are arrive and charge be accustomed by April 25, 2014.

   ADDRESSES: Written comments may be submitted to the Department of Labor as authentic below. Any animadversion that is submitted will be aggregate with the added Departments and will additionally be fabricated accessible to the public. Warning: Do not accommodate any alone identifiable advice (such as name, address, or added acquaintance information) or arcane business advice that you do not appetite about disclosed. All comments may be acquaint on the Internet and can be retrieved by best Internet chase engines. No deletions, modifications, or redactions will be fabricated to the comments received, as they are accessible records. Comments may be submitted anonymously.

   Comments, articular by “Ninety-day cat-and-mouse aeon limitation,” may be submitted by one of the afterward methods:

   Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for appointment comments.

   Mail or Hand Delivery: Office of Bloom Plan Standards and Acquiescence Assistance, Agent Allowances Security Administration, Room N-5653, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, Attention: Ninety-day cat-and-mouse aeon limitation.

   Comments accustomed will be acquaint afterwards change to www.regulations.gov and accessible for accessible assay at the Accessible Acknowledgment Room, N-1513, Agent Allowances Security Administration, 200 Constitution Avenue NW., Washington, DC 20210, including any claimed advice provided.

   FOR FURTHER INFORMATION CONTACT: Amy Turner or Elizabeth Schumacher, Agent Allowances Security Administration, Department of Labor, at (202) 693-8335; Karen Levin, Centralized Revenue Service, Department of the Treasury, at (202) 317-6846; or Cam Moultrie Clemmons, Centers for Medicare & Medicaid Services, Department of Bloom and Human Services, at (410) 786-1565.

   Customer account information: Individuals absorbed in accepting advice from the Department of Labor apropos employment-based bloom advantage laws may alarm the EBSA Toll-Free Hotline at 1-866-444-EBSA (3272) or appointment the Department of Labor’s Web armpit (www.dol.gov/ebsa). In addition, advice from HHS on clandestine bloom allowance for consumers can be activate on the Centers for Medicare & Medicaid Services (CMS) Web armpit (www.cciio.cms.gov/) and advice on bloom ameliorate can be activate at www.HealthCare.gov.

   SUPPLEMENTARY INFORMATION: The Patient Protection and Affordable Affliction Act, Accessible Law 111-148, was allowable on March 23, 2010, and the Bloom Affliction and Education Reconciliation Act, Accessible Law 111-152, was allowable on March 30, 2010. (They are collectively accepted as the “Affordable Affliction Act”.) The Affordable Affliction Act reorganizes, amends, and adds to the accoutrement of allotment A of appellation XXVII of the Accessible Bloom Account Act (PHS Act) apropos to accumulation bloom affairs and bloom allowance issuers in the accumulation and alone markets. The appellation “group bloom plan” includes both insured and self-insured accumulation bloom plans. /1/ The Affordable Affliction Act adds area 715(a)(1) to the Agent Retirement Assets Security Act (ERISA) and area 9815(a)(1) to the Centralized Revenue Code (the Code) to absorb the accoutrement of allotment A of appellation XXVII of the PHS Act into ERISA and the Code, and to achieve them applicative to accumulation bloom affairs and bloom allowance issuers accouterment bloom allowance advantage in affiliation with accumulation bloom plans. The PHS Act sections congenital by these references are sections 2701 through 2728.

   FOOTNOTE 1 The appellation “group bloom plan” is acclimated in appellation XXVII of the PHS Act, allotment 7 of ERISA, and affiliate 100 of the Code, and is audible from the appellation “health plan,” as acclimated in added accoutrement of appellation I of the Affordable Affliction Act. The appellation “health plan” does not accommodate self-insured accumulation bloom plans. END FOOTNOTE

   PHS Act area 2708, as added by the Affordable Affliction Act and congenital into ERISA and the Code, provides that a accumulation bloom plan or bloom allowance issuer alms accumulation bloom allowance advantage shall not administer any cat-and-mouse aeon (as authentic in PHS Act area 2704(b)(4)) that exceeds 90 days. PHS Act area 2704(b)(4), ERISA area 701(b)(4), and Code area 9801(b)(4) ascertain a cat-and-mouse aeon to be the aeon that charge canyon with account to an alone afore the alone is acceptable to be covered for allowances beneath the agreement of the plan. In 2004 regulations implementing the Bloom Allowance Portability and Accountability Act of 1996 (HIPAA) portability accoutrement (2004 HIPAA regulations), the Departments of Labor, Bloom and Human Services (HHS), and the Treasury (the Departments /2/) authentic a cat-and-mouse aeon to beggarly the aeon that charge canyon afore advantage for an agent or abased who is contrarily acceptable to accept beneath the agreement of a accumulation bloom plan can become effective. /3/ PHS Act area 2708 does not crave an employer to activity advantage to any accurate alone or chic of individuals, including part-time employees. PHS Act area 2708 alone prevents an contrarily acceptable alone from actuality adapted to adjournment added than 90 canicule afore advantage becomes effective. PHS Act area 2708 applies to both grandfathered and non-grandfathered accumulation bloom affairs and accumulation bloom allowance advantage for plan years alpha on or afterwards January 1, 2014.

   FOOTNOTE 2 Note, however, that in the Bread-and-butter Assay and Paperwork Burden area of this preamble, in sections beneath headings advertisement alone two of the three Departments, the appellation “Departments” about refers alone to the two Departments listed in the heading. END FOOTNOTE

   FOOTNOTE 3 26 CFR 54.9801-3(a)(3)(iii), 29 CFR 2590.701-3(a)(3)(iii), and 45 CFR 146.111(a)(3)(iii). END FOOTNOTE

   On February 9, 2012, the Departments issued advice /4/ analogue assorted approaches beneath appliance with account to both the 90-day cat-and-mouse aeon limitation and the employer aggregate albatross accoutrement beneath Code area 4980H (February 2012 guidance) and requested accessible comment. On August 31, 2012, afterward their assay of the comments on the February 2012 guidance, the Departments provided acting guidance, /5/ to abide in aftereffect at atomic through the end of 2014, apropos the 90-day cat-and-mouse aeon limitation, and declared the access they advised to adduce in approaching rulemaking (August 2012 guidance). Afterwards appliance of all of the comments accustomed in acknowledgment to the February 2012 advice and August 2012 guidance, the Departments issued proposed regulations on March 21, 2013 (78 FR 17313).

   FOOTNOTE 4 Department of Labor Technical Release 2012-01, IRS Apprehension 2012-17, and HHS FAQs issued February 9, 2012. END FOOTNOTE

   FOOTNOTE 5 Department of Labor Technical Release 2012-02, IRS Apprehension 2012-59, and HHS FAQs issued August 31, 2012. END FOOTNOTE

   Under the proposed regulations, a accumulation bloom plan, and a bloom allowance issuer alms accumulation bloom allowance advantage may not administer any cat-and-mouse aeon that exceeds 90 days. The regulations proposed to ascertain “waiting period” as the aeon that charge canyon afore advantage for an agent or abased who is contrarily acceptable to accept beneath the agreement of a accumulation bloom plan can become effective. Actuality contrarily acceptable to accept in a plan bureau accepting met the plan’s absolute accommodation altitude (such as actuality in an acceptable job allocation or accomplishing job-related licensure requirements authentic in the plan’s terms). Afterwards appliance of comments on the proposed regulations, the Departments are publishing final regulations abroad in this affair of the Federal Register . These proposed regulations abode acclimatization periods beneath the 90-day cat-and-mouse aeon limitation of PHS Act area 2708 and accost animadversion afore promulgation of final regulations on this detached issue.

II. Overview of the Proposed Regulations

A. Acclimatization Periods

   Final regulations appear abroad in this copy of the Federal Register set alternating rules administering the accord amid a plan’s accommodation belief and the 90-day cat-and-mouse aeon limitation. Specifically, the final regulations accommodate that actuality contrarily acceptable to accept in a plan bureau accepting met the plan’s absolute accommodation altitude (such as, for example, actuality in an acceptable job classification, accomplishing job-related licensure requirements authentic in the plan’s terms, or acceptable a reasonable and bona fide employment-based acclimatization period). Beneath the final regulations, afterwards an alone is bent to be contrarily acceptable for advantage beneath the agreement of the plan, any cat-and-mouse aeon may not extend above 90 days, and all agenda canicule are counted alpha on the acceptance date, including weekends and holidays. /6/

   FOOTNOTE 6 The final regulations additionally agenda that a plan or issuer that imposes a 90-day cat-and-mouse aeon may, for authoritative convenience, accept to admittance advantage to become able beforehand than the 91st day if the 91st day is a weekend of holiday. END FOOTNOTE

   The final regulations do not specify the facts and affairs beneath which an employment-based acclimatization aeon would not be advised “reasonable and bona fide.” These proposed regulations would accommodate that one ages is the best accustomed breadth of any reasonable and bona fide employment-based acclimatization period. During an acclimatization period, the Departments ahead that an employer and agent could appraise whether the appliance bearings was satisfactory for anniversary party, and accepted acclimatization and training processes would begin. Beneath these proposed regulations, one ages would be bent by abacus one agenda ages and abacus one agenda day, abstinent from an employee’s alpha date in a position that is contrarily acceptable for coverage. For example, if an employee’s alpha date in an contrarily acceptable position is May 3, the aftermost acceptable day of the acclimatization aeon is June 2. Similarly, if an employee’s alpha date in an contrarily acceptable position is October 1, the aftermost acceptable day of the acclimatization aeon is October 31. If there is not a agnate date in the abutting agenda ages aloft abacus a agenda month, the aftermost acceptable day of the acclimatization aeon is the aftermost day of the abutting agenda month. For example, if the employee’s alpha date is January 30, the aftermost acceptable day of the acclimatization aeon is February 28 (or February 29 in a bound year). Similarly, if the employee’s alpha date is August 31, the aftermost acceptable day of the acclimatization aeon is September 30. If a accumulation bloom plan altitude accommodation on an employee’s accepting completed a reasonable and bona fide employment-based acclimatization period, the accommodation activity would not be advised to be advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation if the acclimatization aeon did not beat one ages and the best 90-day cat-and-mouse aeon would activate on the aboriginal day afterwards the acclimatization period.

B. Animadversion Invitation and Reliance

   The Departments allure comments on these proposed regulations. The Departments will accede acquiescence with these proposed regulations to aggregate acquiescence with PHS Act area 2708 at atomic through the end of 2014. To the admeasurement final regulations or added advice with account to the appliance of the 90-day cat-and-mouse aeon limitation to acclimatization periods is added akin on affairs and issuers, the final regulations or added advice will not be able above-mentioned to January 1, 2015, and will accommodate affairs and issuers a reasonable time aeon to comply.

III. Bread-and-butter Appulse and Paperwork Burden

A. Executive Order 12866 and 13563–Department of Labor and Department of Bloom and Human Services

   Executive Order 13563 emphasizes the accent of quantifying both costs and benefits, of abbreviation costs, of adapted and streamlining rules, and of announcement flexibility. It additionally requires federal agencies to advance a plan beneath which the agencies will periodically assay their absolute cogent regulations to achieve the agencies’ authoritative programs added able or beneath crushing in accomplishing their authoritative objectives.

   Under Executive Order 12866, a authoritative activity accounted “significant” is accountable to the requirements of the Executive Order and assay by the Office of Management and Budget (OMB). Area 3(f) of the Executive Order defines a “significant authoritative action” as an activity that is acceptable to aftereffect in a aphorism (1) accepting an anniversary aftereffect on the abridgement of $100 actor or more, or abnormally and materially affecting a area of the economy, productivity, competition, jobs, the environment, accessible bloom or safety, or State, bounded or affiliated governments or communities (also referred to as “economically significant”); (2) creating austere aberration or contrarily interfering with an activity taken or planned by accession agency; (3) materially altering the bread-and-butter impacts of alms grants, user fees, or accommodation programs or the rights and obligations of recipients thereof; or (4) adopting atypical acknowledged or activity issues arising out of acknowledged mandates, the President’s priorities, or the attempt set alternating in the Executive Order.

   These proposed regulations are not economically cogent aural the acceptation of area 3(f)(1) of the Executive Order. However, OMB has bent that the accomplishments are cogent aural the acceptation of area 3(f)(4) of the Executive Order. Therefore, OMB has advised these proposed regulations, and the Departments /7/ accept provided the afterward appraisal of their impact.

   FOOTNOTE 7 In area III of this preamble, some subsections accept a branch advertisement one or two of the three Departments. In those subsections, the appellation “Departments” about refers alone to the Departments listed in the heading. END FOOTNOTE

1. Summary

   As declared beforehand in this preamble, these proposed regulations abode reasonable and bona fide employment-based acclimatization periods beneath the 90-day cat-and-mouse aeon limitation of PHS Act area 2708. The Departments accept crafted these proposed regulations to defended the protections advised by Congress in an economically able manner. The Departments abridgement acceptable abstracts to quantify the regulations’ bread-and-butter amount or benefits. The proposed regulations implementing PHS Act area 2708 /8/ provided a qualitative altercation of bread-and-butter impacts of proposed banned on cat-and-mouse periods and requested abundant comments and abstracts that would acquiesce for altitude of the costs, benefits, and transfers. Comments were accustomed cogent affair about the amount to administration that currently accept cat-and-mouse periods best than 90 days, and answer that they would accept to change their practices and generally accept to accommodate advantage eventually than the 90-day cat-and-mouse aeon limitation. No comments provided added abstracts that would advice in ciphering the bread-and-butter impacts of the proposed regulations. The Departments appeal comments that would acquiesce them to quantify the impacts of these proposed regulations on the detached affair of acclimatization periods.

   FOOTNOTE 8 78 FR 17313 (March 21, 2013). END FOOTNOTE

2. Estimated Cardinal of Afflicted Entities

   The Departments appraisal that 4.1 actor new advisers accept accumulation bloom allowance advantage through clandestine area administration and 1.0 actor new advisers accept accumulation bloom allowance advantage through accessible area administration annually. /9/ The 2013 Kaiser Family Foundation and Bloom Research and Education Trust Employer Bloom Allowances Anniversary Survey (the “2013 Kaiser Survey”) finds that 30 percent of covered workers were accountable to cat-and-mouse periods of three months or more. /10/ The Departments do not accept any data, and accordingly allure accessible comment, on the cardinal of advisers accountable to acclimatization periods, as declared beforehand in this preamble.

   FOOTNOTE 9 This appraisal is based aloft centralized Department of Labor calculations acquired from the 2009 Medical Expenditure Panel Survey. END FOOTNOTE

   FOOTNOTE 10 See e.g., Kaiser Family Foundation and Bloom Research and Education Trust, Employer Bloom Allowances 2013 Anniversary Survey (2013) accessible at http://ehbs.kff.org/pdf/2013/8345.pdf. END FOOTNOTE

2. Benefits

   The final regulations accommodate that actuality contrarily acceptable to accept in a plan bureau accepting met the plan’s absolute accommodation altitude (such as, for example, actuality in an acceptable job classification, accomplishing job-related licensure requirements authentic in the plan’s terms, or acceptable a reasonable and bona fide employment-based acclimatization period). These proposed regulations would accommodate that one ages is the best accustomed breadth of any reasonable and bona fide employment-based acclimatization period. During an acclimatization period, the Departments ahead that an employer and agent could appraise whether the appliance bearings was satisfactory for anniversary party, and accepted acclimatization and training processes would begin. If a accumulation bloom plan altitude accommodation on an employee’s accepting completed a reasonable and bona fide employment-based acclimatization period, the accommodation activity would not be advised to be advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation if the acclimatization aeon did not beat one ages and the best 90-day cat-and-mouse aeon would activate on the aboriginal day afterwards the acclimatization period.

3. Costs

   These proposed regulations could extend the time amid an agent alpha assignment and accepting bloom affliction advantage about to the time afore the arising of the final regulations and these proposed regulations. If advisers adjournment bloom affliction assay until the cessation of the acclimatization aeon and cat-and-mouse period, adverse bloom furnishings can result, abnormally for advisers and their audience acute college levels of bloom care, such as earlier Americans, abundant women, adolescent children, and those with abiding conditions. This could advance to lower assignment abundance and absent academy days. Low-wage workers additionally are vulnerable, because they accept beneath assets to absorb abroad to awning medical expenses. The Departments ahead that these proposed regulations could advance to these effects, although the all-embracing amount may be bound because few advisers are acceptable to be afflicted and it is advancing that conditioning accommodation on an employee’s accepting completed an acclimatization aeon will not aftereffect in best advisers adverse a abounding added ages amid actuality assassin and accepting coverage.

4. Transfers

   The accessible transfers associated with these proposed regulations would appear from administration alpha to pay their allocation of premiums or contributions afterwards than they did afore the arising of the final regulations and these proposed regulations. Recipients of the alteration would be administration who apparatus an acclimatization aeon in accession to the 90-day cat-and-mouse period, appropriately dabbling accepting to pay premiums. The antecedent of the transfers would be covered advisers who, afterwards these proposed regulations become applicable, will accept to adjournment best amid actuality active and accepting bloom coverage, during which they charge abandon bloom coverage, acquirement COBRA assiduity coverage, or access an alone bloom allowance policy–all of which are options that could advance to college abroad costs for advisers to awning their healthcare expenditures.

   The Departments accept that beneath these proposed regulations alone a baby cardinal of administration would added adjournment alms advantage to their advisers because a almost baby atom of workers accept an acclimatization aeon in accession to a cat-and-mouse periods that runs for 90 days.

B. Authoritative Adaptability Act–Department of Labor and Department of Bloom and Human Services

   The Authoritative Adaptability Act (5 U.S.C. 601 et seq.) (RFA) applies to best Federal rules that are accountable to the apprehension and animadversion requirements of area 553(b) of the Authoritative Procedure Act (5 U.S.C. 551 et seq.). Unless an bureau certifies that such a aphorism will not accept a cogent bread-and-butter appulse on a abundant cardinal of baby entities, area 603 of the RFA requires the bureau to present an antecedent authoritative adaptability assay at the time of the advertisement of the apprehension of proposed rulemaking anecdotic the appulse of the aphorism on baby entities. Baby entities accommodate baby businesses, organizations and authoritative jurisdictions.

   For purposes of assay beneath the RFA, the Departments adduce to abide to accede a baby article to be an agent account plan with beneath than 100 participants. The base of this analogue is activate in area 104(a)(3) of ERISA, which permits the Secretary of Labor to appoint simplified anniversary letters for abundance account affairs that awning beneath than 100 participants. /11/

   FOOTNOTE 11 Beneath ERISA area 104(a)(2), the Secretary may additionally accommodate exemptions or simplified advertisement and acknowledgment requirements for alimony plans. Pursuant to the ascendancy of ERISA area 104(a)(3), the Department of Labor has ahead issued at 29 CFR 2520.104-20, 2520.104-21, 2520.104-41, 2520.104-46, and 2520.104b-10 assertive simplified advertisement accoutrement and bound exemptions from advertisement and acknowledgment requirements for baby plans, including unfunded or insured abundance plans, that awning beneath than 100 participants and amuse assertive added requirements. END FOOTNOTE

   Further, while some ample administration may accept baby plans, in general, baby administration advance best baby plans. Thus, the Departments accept that assessing the appulse of these proposed regulations on baby affairs is an adapted acting for evaluating the aftereffect on baby entities.

   The analogue of baby article advised adapted for this purpose differs, however, from a analogue of baby business that is based on admeasurement standards promulgated by the Baby Business Administration (SBA) (13 CFR 121.201) pursuant to the Baby Business Act (15 U.S.C. 631 et seq.). The Departments accordingly appeal comments on the account of the admeasurement accepted acclimated in evaluating the appulse of these proposed regulations on baby entities.

   The Departments anxiously advised the acceptable appulse of the aphorism on baby entities in affiliation with their appraisal beneath Executive Order 12866. The Departments abridgement abstracts to focus alone on the impacts on baby business. However, the Departments accept that the proposed regulations accommodate adaptability that would abbreviate the transfers in bloom allowance premiums that would activity due to the acclimatization period.

   The Departments hereby accredit that these proposed regulations will not accept a cogent bread-and-butter appulse on a abundant cardinal of baby entities. Constant with the activity of the RFA, the Departments animate the accessible to abide comments that would acquiesce the Departments to appraise the impacts accurately on baby affairs or advance another rules that achieve the declared purpose of PHS Act area 2708 and abbreviate the appulse on baby entities.

C. Special Analyses–Department of the Treasury

   For purposes of the Department of the Treasury, it has been bent that this proposed aphorism is not a cogent authoritative activity as authentic in Executive Order 12866, as supplemented by Executive Order 13563. Therefore, a authoritative appraisal is not required. It has additionally been bent that area 553(b) of the Authoritative Procedure Act (5 U.S.C. affiliate 5) does not administer to these proposed regulations, and, because these proposed regulations do not appoint a accumulating of advice claim on baby entities, a authoritative adaptability assay beneath the Authoritative Adaptability Act (5 U.S.C. affiliate 6) is not required. Pursuant to Code area 7805(f), this proposed aphorism has been submitted to the Baby Business Administration for animadversion on its appulse on baby business.

D. Congressional Assay Act

   These proposed regulations are accountable to the Congressional Assay Act accoutrement of the Baby Business Authoritative Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.) and, if finalized, will be transmitted to the Congress and the Comptroller Accepted for review.

E. Unfunded Mandates Ameliorate Act

   For purposes of the Unfunded Mandates Ameliorate Act of 1995 (Pub. L. 104-4), as able-bodied as Executive Order 12875, these proposed regulations do not accommodate any Federal authorization that may aftereffect in expenditures by State, local, or affiliated governments, or by the clandestine sector, of $100 actor or added adapted for inflation.

F. Federalism Statement–Department of Labor and Department of Bloom and Human Services

   Executive Order 13132 outlines axiological attempt of federalism, and requires the adherence to specific belief by Federal agencies in the action of their conception and accomplishing of behavior that accept “substantial absolute effects” on the States, the accord amid the civic government and States, or on the administration of ability and responsibilities amid the assorted levels of government. Federal agencies promulgating regulations that accept these federalism implications charge argue with State and bounded officials, and call the admeasurement of their appointment and the attributes of the apropos of State and bounded admiral in the appointment to the regulation.

   In the Departments’ view, these proposed regulations accept federalism implications, because they accept absolute furnishings on the States, the accord amid the civic government and States, or on the administration of ability and responsibilities amid assorted levels of government. In general, through area 514, ERISA supersedes State laws to the admeasurement that they chronicle to any covered agent account plan, and preserves State laws that adapt insurance, banking, or securities. While ERISA prohibits States from acclimation a plan as an allowance or advance aggregation or bank, the preemption accoutrement of ERISA area 731 and PHS Act area 2724 (implemented in 29 CFR 2590.731(a) and 45 CFR 146.143(a)) administer so that the HIPAA requirements (including those of the Affordable Affliction Act) are not to be “construed to abandon any accouterment of State law which establishes, implements, or continues in aftereffect any accepted or claim alone apropos to bloom allowance issuers in affiliation with accumulation bloom allowance advantage except to the admeasurement that such accepted or claim prevents the appliance of a requirement” of a federal standard. The appointment address accompanying HIPAA indicates that this is advised to be the “narrowest” preemption of State laws. (See House Conf. Rep. No. 104-736, at 205, reprinted in 1996 U.S. Code Cong. & Admin. News 2018.)

   States may abide to administer State law requirements except to the admeasurement that such requirements anticipate the appliance of the Affordable Affliction Act requirements that are the accountable of this rulemaking. State allowance laws that are added customer careful than the Federal requirements are absurd to “prevent the appliance of” the Affordable Affliction Act, and accordingly are absurd to be preempted. Accordingly, States accept cogent breadth to appoint requirements on bloom allowance issuers that are added akin than the Federal law.

   Guidance carrying this estimation was appear in the Federal Register on April 8, 1997 (62 FR 16904), and December 30, 2004 (69 FR 78720), and these proposed regulations would analyze and apparatus the statute’s minimum standards and would not decidedly abate the acumen accustomed the States by the statute.

   In acquiescence with the claim of Executive Order 13132 that agencies appraise carefully any behavior that may accept federalism implications or absolute the activity authoritative acumen of the States, the Departments accept affianced in efforts to argue with and assignment cooperatively with afflicted State and bounded officials, including accessory conferences of the Civic Association of Allowance Commissioners and consulting with State allowance admiral on an alone basis.

   Throughout the action of developing these proposed regulations, to the admeasurement achievable aural the specific preemption accoutrement of HIPAA as it applies to the Affordable Affliction Act, the Departments accept attempted to antithesis the States’ interests in acclimation bloom allowance issuers, and Congress’ absorbed to accommodate compatible minimum protections to consumers in every State. By accomplishing so, it is the Departments’ appearance that they accept complied with the requirements of Executive Order 13132.

IV. Statutory Authority

   The Department of the Treasury regulations are proposed to be adopted pursuant to the ascendancy independent in sections 7805 and 9833 of the Code.

   The Department of Labor regulations are proposed to be adopted pursuant to the ascendancy independent in 29 U.S.C. 1027, 1059, 1135, 1161-1168, 1169, 1181-1183, 1181 note, 1185, 1185a, 1185b, 1185d, 1191, 1191a, 1191b, and 1191c; sec. 101(g), Accessible Law 104-191, 110 Stat. 1936; sec. 401(b), Accessible Law 105-200, 112 Stat. 645 (42 U.S.C. 651 note); sec. 512(d), Accessible Law 110-343, 122 Stat. 3881; sec. 1001, 1201, and 1562(e), Accessible Law 111-148, 124 Stat. 119, as adapted by Accessible Law 111-152, 124 Stat. 1029; Secretary of Labor’s Order 3-2010, 75 FR 55354 (September 10, 2010).

   The Department of Bloom and Human Services regulations are proposed to be adopted pursuant to the ascendancy independent in sections 2701 through 2763, 2791, and 2792 of the PHS Act (42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92), as amended.

List of Subjects

   26 CFR Allotment 54

   Excise taxes, Bloom care, Bloom insurance, Pensions, Advertisement and recordkeeping requirements.

   29 CFR Allotment 2590

   Continuation coverage, Disclosure, Agent account plans, Accumulation bloom plans, Bloom care, Bloom insurance, Medical adolescent support, Advertisement and recordkeeping requirements.

   45 CFR Allotment 147

   Health care, Bloom insurance, Advertisement and recordkeeping requirements, and State adjustment of bloom insurance.

John Dalrymple,

Deputy Commissioner for Services and Enforcement, Centralized Revenue Service.

   Signed this 12th day of February, 2014.

Phyllis C. Borzi,

Assistant Secretary, Agent Allowances Security Administration, Department of Labor.

   Dated: February 11, 2014.

Marilyn Tavenner,

Administrator, Centers for Medicare & Medicaid Services.

   Dated: February 14, 2014.

Kathleen Sebelius,

Secretary, Department of Bloom and Human Services.

Department of the Treasury

Internal Revenue Service

   Accordingly, 26 CFR Allotment 54, as adapted by the final aphorism titled, Ninety-Day Cat-and-mouse Aeon Limitation and Technical Amendments to Assertive Bloom Advantage Requirements Beneath the Affordable Affliction Act, appear abroad in this affair of the Federal Register , is proposed to be added adapted as follows:

PART 54–PENSION EXCISE TAXES

   Paragraph 1. The ascendancy commendation for Allotment 54 continues to apprehend in allotment as follows:

   Authority: 26 U.S.C. 7805. * * *

   Section 54.9815-2708 is additionally issued beneath 26 U.S.C. 9833.

* * * * *

   Par. 2. Area 54.9815-2708 is adapted by abacus branch (c)(3)(iii) and a new Archetype 11 in branch (f) to apprehend as follows:

SEC 54.9815-2708 Prohibition on cat-and-mouse periods that beat 90 days.

* * * * *

   (c) * * *

   (3) * * *

   (iii) Limitation on acclimatization periods. To ensure that an acclimatization aeon is not acclimated as a subterfuge for the access of time, or advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation, an acclimatization aeon is acceptable alone if it does not beat one month. For this purpose, one ages is bent by abacus one agenda ages and abacus one agenda day, abstinent from an employee’s alpha date in a position that is contrarily acceptable for coverage. For example, if an employee’s alpha date in an contrarily acceptable position is May 3, the aftermost acceptable day of the acclimatization aeon is June 2. Similarly, if an employee’s alpha date in an contrarily acceptable position is October 1, the aftermost acceptable day of the acclimatization aeon is October 31. If there is not a agnate date in the abutting agenda ages aloft abacus a agenda month, the aftermost acceptable day of the acclimatization aeon is the aftermost day of the abutting agenda month. For example, if the employee’s alpha date is January 30, the aftermost acceptable day of the acclimatization aeon is February 28 (or February 29 in a bound year). Similarly, if the employee’s alpha date is August 31, the aftermost acceptable day of the acclimatization aeon is September 30.

* * * * *

   (f) * * *

   Example 11. (i) Facts. Agent H begins alive abounding time for Employer Z on October 16. Z sponsors a accumulation bloom plan, beneath which abounding time advisers are acceptable for advantage afterwards they accept auspiciously completed a one-month acclimatization period. H completes the acclimatization aeon on November 15.

   (ii) Conclusion. In this Archetype 11, the acclimatization aeon is not advised a subterfuge for the access of time and is not advised to be advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation. Accordingly, plan advantage for H charge activate no afterwards than February 14, which is the 91st day afterwards H completes the acclimatization period. (If the acclimatization aeon was added than one month, it would be advised to be advised a subterfuge for the access of time and advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation. Accordingly it would breach the rules of this section.)

* * * * *

Department of Labor

Employee Allowances Security Administration

29 CFR Affiliate XXV

   For the affidavit declared in the preamble, the Department of Labor proposes to added alter 29 CFR allotment 2590, as adapted by the final aphorism titled, Ninety-Day Cat-and-mouse Aeon Limitation and Technical Amendments to Assertive Bloom Advantage Requirements Beneath the Affordable Affliction Act, appear abroad in this affair of the Federal Register , as follows:

PART 2590–RULES AND REGULATIONS FOR GROUP HEALTH PLANS

   3. The ascendancy commendation for Allotment 2590 continues to apprehend as follows:

   Authority: 29 U.S.C. 1027, 1059, 1135, 1161-1168, 1169, 1181-1183, 1181 note, 1185, 1185a, 1185b, 1185c, 1185d, 1191, 1191a, 1191b, and 1191c; sec. 101(g), Pub. L.104-191, 110 Stat. 1936; sec. 401(b), Pub. L. 105-200, 112 Stat. 645 (42 U.S.C. 651 note); sec. 512(d), Pub. L. 110-343, 122 Stat. 3881; sec. 1001, 1201, and 1562(e), Pub. L. 111-148, 124 Stat. 119, as adapted by Pub. L. 111-152, 124 Stat. 1029; Secretary of Labor’s Order 3-2010, 75 FR 55354 (September 10, 2010).

   4. Area 2590.715-2708 is adapted by abacus branch (c)(3)(iii) and a new Archetype 11 in branch (f) to apprehend as follows:

SEC 2590.715-2708 Prohibition on cat-and-mouse periods that beat 90 days.

* * * * *

   (c) * * *

   (3) * * *

   (iii) Limitation on acclimatization periods. To ensure that an acclimatization aeon is not acclimated as a subterfuge for the access of time, or advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation, an acclimatization aeon is acceptable alone if it does not beat one month. For this purpose, one ages is bent by abacus one agenda ages and abacus one agenda day, abstinent from an employee’s alpha date in a position that is contrarily acceptable for coverage. For example, if an employee’s alpha date in an contrarily acceptable position is May 3, the aftermost acceptable day of the acclimatization aeon is June 2. Similarly, if an employee’s alpha date in an contrarily acceptable position is October 1, the aftermost acceptable day of the acclimatization aeon is October 31. If there is not a agnate date in the abutting agenda ages aloft abacus a agenda month, the aftermost acceptable day of the acclimatization aeon is the aftermost day of the abutting agenda month. For example, if the employee’s alpha date is January 30, the aftermost acceptable day of the acclimatization aeon is February 28 (or February 29 in a bound year). Similarly, if the employee’s alpha date is August 31, the aftermost acceptable day of the acclimatization aeon is September 30.

* * * * *

   (f) * * *

   Example 11. (i) Facts. Agent H begins alive abounding time for Employer Z on October 16. Z sponsors a accumulation bloom plan, beneath which abounding time advisers are acceptable for advantage afterwards they accept auspiciously completed a one-month acclimatization period. H completes the acclimatization aeon on November 15.

   (ii) Conclusion. In this Archetype 11, the acclimatization aeon is not advised a subterfuge for the access of time and is not advised to be advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation. Accordingly, plan advantage for H charge activate no afterwards than February 14, which is the 91st day afterwards H completes the acclimatization period. (If the acclimatization aeon was added than one month, it would be advised to be advised a subterfuge for the access of time and advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation. Accordingly it would breach the rules of this section.)

* * * * *

Department of Bloom and Human Services

45 CFR Subtitle A

   For the affidavit set alternating in the preamble, the Department of Bloom and Human Services proposes to added alter 45 CFR allotment 147, as adapted by the final aphorism titled, Ninety-Day Cat-and-mouse Aeon Limitation and Technical Amendments to Assertive Bloom Advantage Requirements Beneath the Affordable Affliction Act, appear abroad in this affair of the Federal Register , as set alternating below:

PART 147–HEALTH INSURANCE REFORM REQUIREMENTS FOR THE GROUP AND INDIVIDUAL HEALTH INSURANCE MARKETS

   5. The ascendancy commendation for allotment 147 continues to apprehend as follows:

   Authority: Secs. 2701 through 2763, 2791, and 2792 of the Accessible Bloom Account Act (42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92).

   6. Area 147.116 is adapted by–

   A. Abacus branch (c)(3)(iii); and

   B. Abacus Archetype 11 in branch (f).

   The additions apprehend as follows:

SEC 147.116 Prohibition on cat-and-mouse periods that beat 90 days.

* * * * *

   (c) * * *

   (3) * * *

   (iii) Limitation on acclimatization periods. To ensure that an acclimatization aeon is not acclimated as a subterfuge for the access of time, or advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation, an acclimatization aeon is acceptable alone if it does not beat one month. For this purpose, one ages is bent by abacus one agenda ages and abacus one agenda day, abstinent from an employee’s alpha date in a position that is contrarily acceptable for coverage. For example, if an employee’s alpha date in an contrarily acceptable position is May 3, the aftermost acceptable day of the acclimatization aeon is June 2. Similarly, if an employee’s alpha date in an contrarily acceptable position is October 1, the aftermost acceptable day of the acclimatization aeon is October 31. If there is not a agnate date in the abutting agenda ages aloft abacus a agenda month, the aftermost acceptable day of the acclimatization aeon is the aftermost day of the abutting agenda month. For example, if the employee’s alpha date is January 30, the aftermost acceptable day of the acclimatization aeon is February 28 (or February 29 in a bound year). Similarly, if the employee’s alpha date is August 31, the aftermost acceptable day of the acclimatization aeon is September 30.

* * * * *

   (f) * * *

   Example 11. (i) Facts. Agent H begins alive abounding time for Employer Z on October 16. Z sponsors a accumulation bloom plan, beneath which abounding time advisers are acceptable for advantage afterwards they accept auspiciously completed a one-month acclimatization period. H completes the acclimatization aeon on November 15.

   (ii) Conclusion. In this Archetype 11, the acclimatization aeon is not advised a subterfuge for the access of time and is not advised to be advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation. Accordingly, plan advantage for H charge activate no afterwards than February 14, which is the 91st day afterwards H completes the acclimatization period. (If the acclimatization aeon was added than one month, it would be advised to be advised a subterfuge for the access of time and advised to abstain acquiescence with the 90-day cat-and-mouse aeon limitation. Accordingly it would breach the rules of this section.)

* * * * *

[FR Doc. 2014-03811 Filed 2-20-14; 11:15 am]

BILLING CODE 4830-01-P; 4510-29-P; 4120-01-P; 6325-64-P

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