I am currently insured under a group policy at work. I have not, and will not, disclose my HIV+ status directly to my employer. The company I work for is having difficult times and I may lose my position. Will my next employer's group insurance be able to deny me coverage based on a pre-existing condition? I would attempt to carry my coverage under COBRA if I am laid off, but don't know how long I could do that. I am not on treatment yet, but will be starting soon.

If you are laid off, you should elect COBRA coverage as it is important to continue coverage. If your next employer offers a group health and you enroll during your initial enrollment period, even if the plan has a pre-existing exclusion clause in it, it cannot be greater than 12 months. Furthermore, if prior to getting this coverage, you did not have a break in coverage of 63 days or more, the new plan would have to recognize your prior period of coverage towards this exclusion period. This is called Creditable Coverage. For example, if you had coverage for at least 12 months under your current plan and you do not have a break in coverage of more than 63 days (COBRA coverage is considered a continuation of coverage, i.e., Creditable Coverage) then no pre-existing condition exclusion could apply to you under the new plan.