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pre existig conditions
Mar 30, 2012

i was on cobra insurance ended on dec 31 2011 starter a new a job on jan 11 2012 waiting period is 90 days for new company insurance.can get i get heath benefits with pre existing conditions

Response from Mr. Chambers

I am assuming your question meant can you get the new coverage WITHOUT having to go through a new pre-existing conditions waiting period. The answer to that is Yes.You can use "creditable coverage" from your COBRA coverage to avoid a new pre-existing conditions waiting period at the new employer.

The Department of Labor website states: "Most health coverage can be used as creditable coverage, including participation in a group health plan, COBRA continuation coverage, Medicare and Medicaid, as well as coverage through an individual health insurance policy. However, you should try to avoid a significant break in coverage (63 days) if you want to be able to count your previous coverage. If you have a break shorter than 63 days, coverage you had before that break is creditable coverage and can be used to offset a preexisting condition exclusion period. Days spent in a waiting period for coverage cannot be used as credit. But, they also are not counted toward the significant break (63 days) you are trying to avoid."

As the statement above says, as long as you do not have a break in coverage of more than 63 days, time under the prior carrier will count towards the new plan's pre-existing conditions waiting period.

Assuming you took the COBRA to its conclusion, at least 18 months, then you should be OK as the 90 day waiting period for coverage is NOT counted toward the 63 day break in coverage. website

Supreme Court - Affordable Health Care Act
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