Nov 22, 2005
My Company offers Domestic Partner Ins. Coverage for the 1st time. If I ad my partner who has had coverage by his employer will my company pre-existing condition be non-applicable if we can establish existing credible coverage from existing insurance coverage we would like to cancel from existing employer coverage.
| Response from Ms. Franzoi
If you can establish that your partner has creditable coverage under his plan and he doesn't have a break in coverage of greater than 63 days, his creditable coverage under his employer's plan would apply towards any pre-exisiting condition clause in your plan. The maximum pre-existing exclusion period allowable is 12 months. If your partner has 12 months of creditable coverage under his plan, no pre-existing condition clause could apply under your plan. However, the value or cost of the coverage for him under your plan will be imputed to you as taxable income for federal taxes and in most states, state taxes.
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