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Personal Medical Coverage
Sep 17, 2008

I'm currently employed with a great company whose benefits are okay, not the best, but certainly not the worst....I may have an opportunity coming up within the next year or so to be written in as a partner in a company that my best friend has started and its has proven to be successful. We are both concerned that leaving my employer is a big risk due to the fact that I will lose the medical benefits that I currently have and will have to obtain my own personal coverage with a medical benefit provider. Will I be able to fall under the Creditable Coverage clause when I apply for coverage myself with a benefit provider? I know that when one goes from employer to another and they apply for benefits during open enrollment they can generally fall under the Creditable Coverage clause with that employers benefit provider. But, since I will be working for myself as part owner of this company I will need to apply for benefit coverage myself with a benefit provider, will the Creditable Coverage Clause work for me since I am the employer?

Response from Ms. Franzoi

If your current employer is subject to COBRA (has at least 25 employees eligible for coverage) and you take the COBRA coverage (available for 18 months), at the end of the 18 months you could get a HIPAA policy and you would not be subject to a pre-existing condition clause (i.e., you would have at least 12 months of Creditable Coverage).

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