Nov 6, 2001
If I decide to change jobs, can I be denied health insurance from a new company if I've had the same insurance for 5 years? Also my spouse is covered under a group plan at her job, could I be denied coverage if I switched to her plan? thank you.
Response from Mr. Berg
Basically, no. Under the federal Health Insurance Portability & Accountability Act (HIPAA). Employer group plans are prohibited from excluding employees (and/or spouses) from the plan due to a pre-existing condition. They can however, impose up to a 12 month waiting period for payment of claims for that condition if there was more than a 63 day gap from the end of the prior health coverage to the enrollment of the new employer plan. To find out more about HIPAA, please check out www.hcfa.gov and www.dol.gov/dol/pbwa
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