Question
I live in Virginia. I would like to know if my husband quits his job and the other company has group insurance will my cancer be covered or be a pre exsisting condition? I heard that HIPPA has an exemption that says as long as we had insurance coverage without a lapse it would be covered. I have only been on his insurance for 14 months though.
Also my husband's employer claims that they did not take out enough health insurance premium from his check for 15 months. He is the only employee this happened to. Is he required to pay this amount back, since it was their fault? Is there a time limit? It totals $4000. They claim we have to pay it back immediatly. The health insurance was paid by the employer during this time, so there was no lapse in coverage.
Thank you for your time,
Stacia
Answer
As long as there is no break in coverage that is 62 days or longer, there will be no pre-ex clause applied. You have been on his current coverage long enough for that protection.
If they legitimately did not take out enough premium, yes, they can require him to pay it, regardless of whose fault it was.