Newly Diagnosed Positive & Insurance
May 29, 2001
I was just diagnosed positive thru anonymous testing. I have been on my health plan at work for two months now, and I have never received treatment or diagnosis for HIV before. I have three basic questions: can I be treated thru my insurance without fear of getting denied, i.e., can the insurance provider somehow find a loophole for "pre-existing condition"? Will anyone at work, including the benefits manager, know what I'm being treated for? (It's a small company, only 9 employees) And finally, will I be eligible for HIPAA if I leave (considering I stay for the twleve month requirement period)for another job in the future?
Response from Mr. Berg
The Health Insurance Portaability & Accountability Act (HIPAA) prohibits discrimination against any employee based on their health status. You cannot be denied coverage due to a pre-existing condition or a subsequent diagnosis. Your employer may only impose a pre-exisisting exclusion period if medical advise, diagnosis, care or treatment was received or recommended within the 6 months prior to your enrollment date. Given all the healthcare privacy legislation pending, it is unlikely that your insurance company would disclose this information for fear of a lawsuit. HIPAA allows you to receive credit for all the months health coverage you accumulate with your employer. Upon termination of this coverage (as long as you enroll into a new group plan within 63 days), this credited coverage can be used to reduce or eliminate a new 12 month pre-existing exclusion period under the new group health plan.
Get Email Notifications When This Forum Updates or Subscribe With RSS
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.