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Loss of Insurance if Co goes out of business
Jan 30, 2012

I have been at my current job for 18 years and it is possible they may go out of business very shortly. Can I still get COBRA if the company goes out of business? Also, if I go on my partners insurance plan, do I have to wait for benefits for my meds due to my pre-existing HIV condition? If I didn't have a partner, and didn't have access to COBRA, what are other options I'd have for my necessary HIV medical care like medication. My Atripla meds cost $1.600 per month without insurance. Thanks.

Response from Mr. Chambers

I'll try to answer all your questions.

All COBRA does is keep you attached to your employer's plan. If there is no longer an employer with a health insurance plan, there is nothing for you to attach to, so coverage would end.

Regarding your partner's insurance plan, you need to check the plan document. You may have to wait until open enrollment, or you may qualify for a special enrollment by virtue of having lost your own coverage.

Also, if your employer's plan is terminated, it sounds like you have been covered for at least 18 months, so, in that case, you will be eligible to purchase an individual health plan under HIPAA as long as you purchase it within 63 days of your coverage ending. Coverage under HIPAA varies by state; some have a pooled plan you can joint; others require all insurance companies to offer at least two plans to such applicants.

Don't forget about your state's ADAP program to help with the medications.

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