Aug 12, 2005
First, thank you for this wonderful site!
I recently tested positive and am currently subscribing to my health insurance through my former companie's COBRA. My question is, when i do get a job offer, can i be denied medical insurance from the new company due to pre-existing condition clauses? Or does the HIPPA disclosure take care of this when I file for new insurance?
| Response from Ms. Franzoi
If your new employer offers a health plan and you enroll within the new hire enrollment period, you cannot be denied coverage. However, if the new plan has a pre-exisiting condition clause, you will need a certificate of Creditable Coverage from your former employer's plan to provide to your new employer's plan. As long as you don't have a 63-day break in coverage and have had coverage for at least 12 months, no pre-exisitng contion exclusion could apply. If you haven't had 12 months of coverage, your period of Creditable Coverage would be used to reduce that 12-month exclusion period.
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