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COBRA Coverage Question
Jul 31, 2008

I am changing employers during this month. My current coverage will expire on 7.31.08. I will have had continuous coverage with them for 58 weeks. Coverage with my new employer will begin 9.1.08. Since the break between coverage is less than 63 days is it correct to believe that regardless of my HIV status I will not be denied coverage even if I choose to elect not to have COBRA coverage for the 6 week period before my new coverage starts?

Thank you so much!

Response from Ms. Franzoi

Yes. As long as you don't have a break in coverage of 63 days or more, the new plan cannot apply a pre-existing condition clause to you. The plan would have to recognize your prior coverage (called Creditable Coverage) towards any pre-existing condition exclusion period (maximum allowable under law is 12 months and you will have had 12 months of Creditable Coverage).



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