Nov 12, 2001
My current health insurance carrier is being discontinued. They are offering a replacement, however this will forfeit HIPAA rights. How do I know I am eligible if I am HIV + and self employed?
| Response from Mr. Berg
The Health Insurance Portability & Accountability Act (HIPAA) provides for guaranteed issue (you cannot be turned down for the policy due to a pre-existing condition)individual health coverage once employer group coverage is lost. This policy must be purchased within 63 days from the end of coverage. To be eligible, you must meet all of these requirements:
Your last health coverage was in an employer/job-relatd group health plan.
Your last 18 months of health coverage was without a lapse over 63 days.
You accepted and exhausted COBRA continuation health coverage if offered or available.
You are not enrolled in Medicare, Medicaid or any other health insurance.
You didn't loose your health coverage because you din't pay your premiums (on time) or committed fraud.
If your current health coverage is not an employer group plan or COBRA continuation health coverage, you will not be able to purchase an individual policy under this law. To review the HIPAA laws yourself, please go to www.hcfa.gov and/or www.dol.gov/dol/pwba
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