Simultaneous to its issuance of the Regulations, the Departments issued proposed regulations providing that one month is the maximum allowed length of any “reasonable and bona fide” orientation period. If a group health plan conditions eligibility on an employee’s completion of a reasonable and bona fide employment-based orientation period under these proposed regulations, that eligibility condition would not be considered non-compliance with the 90-day Limit. The waiting period would begin on the first day after the orientation period. Compliance with the proposed regulations would constitute compliance with the Act at least through the end of 2014.  A copy of the proposed regulations is available here.