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HIPAA protection for spouse?
Jul 31, 2008

Hi there,

Thank for your the valuable advice you provide to everyone.

I understand that HIPAA protects an HIV+ person from being denied coverage when they change jobs (and insurance policies) and all the requirements about creditable coverage, lapses, etc.

Does this HIPAA protection apply to eligible dependents coming on to someone else's policy?

I'm currently under a policy for 18 months, and would like to switch to my husband's policy when I leave my job soon. But I am concerned that I will be denied because of HIV.

Thank you for your help.

Response from Ms. Franzoi

If your husband is covered under a group health plan sponsored by an employer, you should be eligible for a special enrollment in that plan once you lose your current coverage when you leave your job. Ask you husband to look at the language in the summary plan desiption for his health plan. This will explain how he can enroll you.

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