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Ask the Experts about Workplace and Insurance Issues
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HIV and Insurance Coverage
Sep 4, 2009

I am HIV and currently covered under my health insurance plan. I am seriously thinking about changing jobs, which would be a change of health insurance. Would I be covered? I am currently taking Atripla to manage my HIV. I am extremly concerned and worried about changing coverage, especially with this pre-existing condition. Any advice? Would I be covered by law?

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   Response from Ms. Franzoi

If you were to change jobs, as long as you don't have a 63 day break in coverage, any new employer's plan would have to recognize your period of coverage under your prior plan (called Creditable Coverage under HIPAA) towards any pre-existing condition clause the plan might have. Please note that a plan cannot have a pre-existing condition clause that is greater than 12 months. So if you have been covered under your current plan for at least 12 months and you don't have a break in coverage of 63 days or more, you should be fine under the new employer's plan.



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