Pre-existing Conditions for Health Insurance
Many insurance companies have policy provisions regarding pre-existing conditions for health insurance coverage. Many insurers will deny coverage for pre-existing conditions for health insurance because they considered it a greater liability. Individuals who have pre-existing conditions are also those individuals for whom health insurance is particularly crucial. The federal and state governments have enacted legislature which protects individuals from unreasonable denial of benefits for pre-existing conditions for health insurance.
Pre-existing conditions for health insurance are defined and treated differently from policy to policy. In general, a pre-existing condition is any medical condition that a policyholder had knowledge of, or was treated for, prior to enrolling in a health insurance plan. Pre-existing conditions for health insurance coverage can become problematic when individuals are forced to seek new health coverage because of a change in employment or other reason. Insurers will often deny a policy completely or refuse to cover the pre-existing conditions for health insurance.
The HIPAA, or Health Insurance Portability and Accountability Act, was passed by the federal government on July 1, 1997. This federal law was enacted to protect consumer rights with regards to pre-existing conditions for health insurance. The HIPAA limits the time that an insurance company can deny benefits to a policyholder for pre-existing conditions for health insurance. In addition, the HIPAA also reduces the risk of losing existing coverage, protects consumers when they change jobs, provide some special enrollment rights, and more.
There are certain pre-existing conditions for health insurance that cannot be used to deny coverage for an individual. Pregnancy, newborn, and adopted child care are some pre-existing conditions for which health insurance cannot be denied. The HIPAA limits the amount of time that coverage can be denied for pre-existing conditions for health insurance. This time period is typically between 12 to 18 months after the date a policy becomes effective. After this time, the HIPAA requires that a person be covered for pre-existing conditions for health insurance.
If you have been unreasonably denied benefits for pre-existing conditions for health insurance, you may wish to explore your legal options. The laws regarding pre-existing conditions for health insurance are complex and can vary by state and by specific policy. The professional services of a qualified attorney can help you determine if an insurance company is in breech of contract, violated legal provisions, or otherwise acted in bad faith by denying pre-existing conditions for health insurance. If an actionable cause is found, you may be able to seek compensation for your losses through a lawsuit.
If you would like to learn more about pre-existing conditions for health insurance, please contact us to speak with an attorney in your area who can evaluate your case to determine the best way to protect and maximize your legal interests.
If
you would like more information on the elements of bad faith, please contact us to confer with a bad faith lawyer.