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Wakum Mata!
Politcally Incorrect Musings
HealthSCARE coverage (part 2) 
2nd-Dec-2005 04:15 pm
This was too important to leave as a comment to a comment so I copied it here.

From Arizona State Legislature website covering Title 20 - Insurance.

20-2307. Eligibility; annual open enrollment period
A. Except as otherwise provided in this section or section 20-2308 or 20-2309, an accountable health plan may not exclude from coverage any employee or a spouse or a dependent child of the employee if the person meets the eligibility requirements established by the employer.

If I become re-employed, the health plan granted by the employer MUST accept my family except for the duration of minimum service to the employer (the trial period).

20-1379. Guaranteed availability of individual health insurance coverage; prior group coverage; definitions

A. Every health care insurer that offers individual health insurance coverage in the individual market in this state shall provide guaranteed availability of coverage to an eligible individual who desires to enroll in individual health insurance coverage and shall not:

1. Decline to offer that coverage to, or deny enrollment of, that individual.

2. Impose any preexisting condition exclusion for that coverage.

I wonder if that applies to family coverage or is it individuals only. At any rate, it looks as though I can get insurance for my wife.

It looks like, on the outset, that scribe_ari is able to get health care coverage. I could then buy coverage for myself and Linnet.
2nd-Dec-2005 11:26 pm (UTC)
However, there is this little tidbit:

20-1135. Prohibition against excluding coverage because of previous tests for a condition

An insurance contract offered by an insurer pursuant to this chapter shall not exclude coverage of a condition if the insured person has previously had tests for the condition and the condition was not found to exist. There must be evidence that a condition actually existed before the insurance contract was entered into in order to exclude coverage of the condition.

This seems to be in contradiction to 20-1379. Time to get a legal-eagle look at this.
2nd-Dec-2005 11:44 pm (UTC)

20-2310. Discrimination prohibited; preexisting conditions

A. Except as provided in subsection B of this section, a health benefits plan may not deny, limit or condition the coverage or benefits based on a person's health status-related factors or a lack of evidence of insurability.

B. A health benefits plan shall not exclude coverage for preexisting conditions, except that:

1. [...snipped].

2. The accountable health plan shall reduce the period of any applicable preexisting condition exclusion by the aggregate of the periods of creditable coverage that apply to the individual.


E. The accountable health plan shall calculate creditable coverage according to the following rules:

1. The accountable health plan shall give an individual credit for each day the individual was covered by creditable coverage.


G. The certificate of creditable coverage provided by an accountable health plan is a written certification of:

1. The period of creditable coverage of the individual under the accountable health plan and any applicable coverage under a COBRA continuation provision.

I hearby assert that my entire family has creditable coverage and is being discriminated against due to a pre-existing pregnancy. Definitely time to talk to a lawyer.
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