Hi my question is my husband is on cobra and it will expire in March of 2010. Just days ago I applied for new health insurance for myself, my husband and our daughter. It went through underwritting and it was excepted. Today I found out that what the plan was, was not what I had agreed to as far as the deductible. It is set to take effect 8/1 as of right now have I done away with my husbands right to be HIPPA eligible. Or if I cancel and the policy never starts would he still be eligible?Thank you.

To remain HIPAA eligible, as you are apparently aware, your most recent coverage must be under an employer sponsored group health plan. The free-look period in Florida is 10 days. You have the legal right to cancel your coverage and request a full return of premium. Contact the insurance company from which you purchased this new policy and confirm that they intend on complying with this law. If you cancel your coverage within this free-look period, it will be as if it never existed.

The more important factor here, is that you have not yet cancelled your COBRA coverage, which we assume you have not. If you cancel this new policy, and remain on COBRA, your most recent coverage will still be considered as being under a group health plan. The primary benefit of being “HIPAA eligible” is that in can provide guarantee issue coverage options to persons that have expired their COBRA option. As for waiting periods on pre-existing medical conditions, any creditable coverage will be applied to this waiting period, including individual/family health plans.

Answer by moderator — August 4, 2009 @ 11:07 am

2 Comments

  1. So in march any insurance company selling individual policies will have to give him coverage and there will be no preexisting? Also it us going to be a family plan with maternity with him being Hippa eligible does that also mean that there would be no waiting period for pregnancy. There are some plans with 15 month waiting periods. Thank you so much for all of your help..

    Comment by Anon — August 20, 2009 @ 10:36 am

  2. We are not familiar with the benefits offered under HIPAA guaranteed issue plans in Florida, so we do not know which, if any, offer maternity benefits. And, plan options change constantly, so it is impossible to know what will be available in March. Also, HIPAA plans are going to be double the cost of standard health insurance. If you are both currently healthy and have no pre-existing medical conditions, you might consider getting on a standard issue individual health plan now. Blue Cross Blue Shield of Florida offers plans with maternity benefits.

    Comment by Moderator — August 20, 2009 @ 10:37 am

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