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There are few options for people running out of COBRA
Nov 13, 2010

Why would Ms. Franzoi suggest that when a person's COBRA is running out that their options only include an individual policy when most states' insurance regulations allow insurers to refuse coverage of an individual with a pre-existing condition, such as HIV disease, without mentioning the individuals rights under HIPPA? Her answer could restrict an individual's coverage options if not acted upon within the appropriate time frame. Individuals seeking coverage in the non-group market should check with their state insurance department to determine their specific rights following termination of credible coverage.

Response from Ms. Franzoi

If an individual has COBRA and at the end of COBRA applies for individual coverage so there is no lapse in coverage of greater than 63 days, any insurance company that sells individual policies must extend a HIPAA policy, regardless of the person's pre-existing conditions and no pre-ex would apply. This is covered under HIPAA, a federal law, which supercedes any state law.



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