|Can my employer deny me health insurance?
Mar 24, 1997
Can my employer refuse to provide health insurance if I tell him I am HIV+?
| Response from Ms. Breuer
No. An employer cannot exclude an employee from his group health plan because of a medical condition. An employer can have a a waiting period before employees are eligible for the coverage and then impose a preexisting condition requirement that would exclude coverage for a preexisting condition for a period of time. Depending on whether the plan is an insured plan or a self-insured plan, and what state the employee resides in, the preexisting condition requirements can vary.
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