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| ADAP and new insurance Sep 15, 2006 Hi, I was diagnosed hiv+ 9 months ago and got Adap. All my doctor visits and lab expenses are covered by Adap and everything seems to be fine so far.I am not on meds and doing okay for now. But I got a new job 3 monts ago and now I am eligible for Oxford health insurance freedom plan, and I've signed up for it already without informing them about my hiv or Adap situation. The problem is I might be making more than 44.000 this year, so my Adap will probably be canceled and my new Oxford insurance doesnt cover pre-existing conditions. Honestly I am not very happy with this new job, so should I quit it before I make 44K for this year and keep my Adap (then how will I pay my rent and bills?). Am I gonna have to go through this "pre-existing condition" dilemma everytime I change my job. Or do I have to work somewhere I dont like,until I die, just to keep my health insurance, (which doesnt even cover my hiv treatment)Please help me, I am really confused and depressed because of this. Thank you in advance and keep up the great work. |
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Response from Ms. Franzoi
The pre-exisiting condition clause under the Oxford plan cannot be greater than 12 months. Hopefully, by the time your ADAP ends, you will be closer to the end of the 12-month period and will have only a few months of exclusion for HIV-related treatment. Under HIPAA (a Federal law), a group health plan cannot have a pre-existing exclusion period that is greater than 12 months and it must recognize prior periods of Creditable Coverage towards that exclusion period. Creditable Coverage is coverage under another group health plan, Medicare, Medicaid, etc. that can be counted towards a pre-existing exclusion period under a new plan. This is available as long as you don't have a break in coverage greater than 63 days. For example, if you were to leave your current job after 6 months of coverage under the Oxford plan and were to start a new job and enroll as soon as first eligible, as long as you don't have a break in coverage greater than 63 days, the new plan would have to recognize your 6 months of coverage under the Oxford plan towards any pre-exisiting exclusion period it might have. | |||
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