|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.
Get Email Notifications When This Forum Updates or Subscribe With RSS
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.