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Are different waiting periods/end dates for health care discriminatory


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Can anyone tell me if the following could be considered discriminatory and if so, what the site is?

1. Different waiting periods for eligiblity for hourly paid and salaried employees (i.e., salaried employees eligible for health care from date of hire, hourly employees must wait 90 daye)

2. If coverage ends on the last day of the pay period in which the employee terminates - hourly paid employees paid weekly, salaried employees paid 2x month. The salaried employees would probably get a longer period before coverage ends.

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I am not sure of your second question. However, I am positive the IRS issued a private letter clearly stating different waiting periods is discriminatory under a self funded health plan. There are no discrimination rules under the IRC for insured plans. Also, you could have discrimination issues if you have a POP.

Again, I have no comment with respect to your second question.

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