HIPAA & pre-existing conditions

Question
What is the name of your state? CA
My wife was employed for 14 years at the same company (>50 employees) and was covered by group health insurance paid by the employer the entire time. Early this year she took the plunge and went to another job (>50 employees)--also covered by employer-paid group health insurance. There was no gap in coverage. Within a couple of months after starting the new job she was diagnosed with stage IV breast cancer.
Treatments are going well. However, the chemotherapy has had side effects that have prevented my wife from working and she has gone on short-term disability. The company has informed her that she will no longer be an employee once she either returns from disability or in six months, whichever comes first.
Would HIPAA rules or California-specific rules related to pre-existing conditions apply if she were to be enrolled as a spouse on my employer-paid group health insurance? (The employer will pay a small amount towards the coverage.) That is, she would not be going from employee to employee but from employee to dependent.

Answer
As long as there has been no gap in coverage, pre-existing clauses would not apply. It wouldn't matter that she was a dependent instead of an employee; HIPAA protections would still apply.

Answer
Thank you for your response. It seemed "fair" that is the way it should be, but "fair" and a couple of dollars will get you a cup of coffee at the local fast food joint.

Answer
Herceptin:
I was stage four in Sept. 1999. Still going strong; still working.
You are both in my thoughts & prayers.
© 2007 www.aqcollection.com | Contact us |