Date of hire and nondescrimination

[Guest Brenda N.]

An employer would like to have two separate health plans for employees based on the date of hire. The date of hire will not be used to differentiate the employees for any other reason. The employer wants to create a new plan because of cost. The group of employees (about 30 people) that would be effected have almost finished the waiting period for the existing plan. Would creating new plan violate HIPAA's nondescrimination rules?