preexisting conditions

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preexisting conditions

I have been without health insurance for 3 months. Can an insureance company, when I get a job, refuse to cover me because I have asthma and high blood pressure?

Asked on June 20, 2009 under Insurance Law, Rhode Island

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA)to protect individuals who had pre-existing conditions when they changed jobs and were faced with the possibility of losing their health insurance.  Only certain pre-existing conditions apply.  The HIPAA HOTLINE is 1-866-627-7748. 

Now, Rhode Island has laws dealing with health insurance and pre-exiting conditions, as well as issues dealing with gaps in coverage and pre-existing conditions.  They are very specific.  The best situation is not to be without coverage even if you are not employed any longer but I understand that in this economy it could be prohibitive to pay COBRA or for your own coverage without income coming in.  Call the HIPAA healthline above and explain your conditions and lack of coverage.  Also call the Rhode Island Department of Business Regulation.  They regulate the insurance industry.  (401) 462-9500.  They may be able to answer your questions as well.


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