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Company changing health care provider.
Jul 13, 2002

Thank-you for answering this. I livein N.Y. and work for a small company and have been recieving my health care with the same provider since before being diagnosed with HIV. My company is now going through some changes and merging with a larger firm which will likely result in changes to my medical coverage. Could I be denied coverage due to my pre-existing condition and if not might there be a longer waiting period until I can join the new plan? My employer is not aware of my status.

Response from Ms. Franzoi

Typically, when a company is acquired by another company and the health plans change, the new plan is automatically extended to all existing employees. What will probably happen is you will become covered under the new health plan. If that plan has a pre-existing condition clause, it would have to recognize your coverage under your prior plan towards the pre-existing condition waiting period. Furthermore, that period cannot be greater than 12 months.

Eligibility/Enrollment gap
use of fmla

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