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pre-existing clause questions
Jan 12, 2004


My questions are the following: 1), Is it correct that if I have health insurance from job A, and I leave job A, I need coverage from job B before 63 days passes in order not to be hit by the pre-existing clause from my job B health insurance? 2), At job B, I know it is customary that I will have a waiting or probationary period before I get Job Bs health insurance. If this waiting period stretches over 63 days, does this then trigger the pre-existing clause and keep me from HIV disease coverage until the period passes? 3) What if I have a 64-day gap? How long is the pre-existing waiting period in that case?


Response from Ms. Franzoi

When you leave your current job, as long as you don't go more than 63 days without coverage, your new employer will have to count your period of prior coverage towards any pre-existing condition period he has in his plan. For purposes of this 63 days, if you were to take COBRA coverage from your prior employer, you wouldn't have a break. In addtion, waiting periods imposed by the new employer are excluded from that 63-day period. The maximum period for a pre-existing exclusion is 12 months.

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