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Just Accepted A New Job Offer
Sep 3, 2002

Hello- I just was offered a nice job offer with a new company. This company has Cyganiak insurance (whatever that is). Have you heard of that insurance before? Currently I have CompCare Blue.

Also, I was diagnosed HIV positive about 3 weeks ago. I have not yet started any sort of meds. My T-Cells are at 350 at the moment. My next appointment and labs are due in November. Obviously, HIV is considered a "Pre-Existing" condition, correct? Does this mean that if I accept this new job, my HIV-related medical expenses will not be covered? And if so, HOW COULD THIS POSSIBLY BE LEGAL?!? What good is health insurance if it will not cover health conditions, pre-existing or not?!

Is there anything I can do to have my HIV expenses covered? How long will I be without coverage?

I'm sure that other HIV people have switched employers before. What do they do? I'm afriad that if I switch employers that I will never have coverage over HIV again.

PLEASE ADVISE in any way that you can. Any info at all will be incredibly helpful.



Response from Ms. Franzoi

You need to look at the provisions of your new employer's health plan. Does it have a pre-existing condition clause? If not, you are covered immediately for all conditions, including HIV-related ones. If it does have a pre-existing condition clause, the period of exclusion cannot be greater than 12 months and the plan must recognize prior periods of coverage provided that you did not go more than 63 days without coverage. This means that if the new plan has a pre-existing condition clause (let's assume 12 months which is the maximum allowable) but you have not been without coverage for greater than 63 days and you were covered under your prior employer's plan for at least 12 months then you would not be subject to the pre-existing condition clause. You should ask your prior employer for a certificate of creditable coverage to provide to your new employer.

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