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Starting New Job: Worried About Insurance
Apr 24, 2008

I was classified as disabled three years ago and after a court case fought by Positive Resource Center in San Francisco - a judge ruled me as disabled and I was able to get Medi-Cal coverage. I also get ADAP. I have been hired to work part-time for an airline and I will be offered medical insurance. I haven't worked for six years. I do not receive SSI or SSDI as I am given an allowance by my family. If I go over $2k a month I will lose Medi-Cal What is the situation when I come to being offered, and signing up for, my medical benefits with my new employer? Do I have to disclose? Will the pre-existing hiv condition preclude me from coverage? Will the Company find out I am hiv+? I feel well enough to work and frankly I want to but it seems like a Catch-22 situation if I lose my Medi-Cal and I am subsequently denied insurance through my employer

Response from Ms. Franzoi

When you are offered health insurance through your new employer, you do not have to disclose your HIV status or any other illnesses. If the plan has a pre-existing condition clause in it, the plan must recognize your prior period of coverage under Medi-Cal towards that period whcih cannot be more than 12 months. So no pre-existing condition clause should apply to you. Your medical information is protected under HIPAA so the plan canbnot dislcose the nature of your illness to your employer.



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