Pre existing Condition

[irishfan02]

I was recently offered a position with Carnival Cruise Lines. I am a type 1 Diabetic. They are now telling me after I had my medical forms completed that they will not offer me health insurance due to a pre existing condition. It is my understanding that this is not legal for them to do. Any suggestions or advice? I really want this job but cannot afford my medications without insurance.

 

[cbg]

Are you an employee (W-2 at the end of the year) or a contractor (1099 at the end of the year)?

Do they offer a group policy? Is it fully insured or self-insured? Under what state?

Are they saying they will not allow you to have insurance at all, or that you will be covered on the plan but with a pre-existing rider?

As the law currently stands, the only condition that CANNOT be considered pre-ex on group policies is pregnancy. There is not (under the present law) an across-the-board restriction on pre-ex. That is coming; it is not yet here.

The above questions will determine whether in THIS case, the restriction is legal.

 

[BigMouthWino]

I was recently offered a position with Carnival Cruise Lines. I am a type 1 Diabetic. They are now telling me after I had my medical forms completed that they will not offer me health insurance due to a pre existing condition. It is my understanding that this is not legal for them to do. Any suggestions or advice? I really want this job but cannot afford my medications without insurance.

Go work for an employer that is willing to insure you.

 

[irishfan02]

Are you an employee (W-2 at the end of the year) or a contractor (1099 at the end of the year)?

Do they offer a group policy? Is it fully insured or self-insured? Under what state?

Are they saying they will not allow you to have insurance at all, or that you will be covered on the plan but with a pre-existing rider?

As the law currently stands, the only condition that CANNOT be considered pre-ex on group policies is pregnancy. There is not (under the present law) an across-the-board restriction on pre-ex. That is coming; it is not yet here.

The above questions will determine whether in THIS case, the restriction is legal.

I will be an employee with a W-2. It is my understanding that this is a company policy, not sure what you mean by fully insured or self insured. I am in North Carolina...Carnival is out of Florida.

The letter they want me to sign states that "Since you have a pre existing condition, which did not manifest during your service of a Carnival Cruise Lines vessel, you will not have medical coverage for treatment/medication for this condition and any associated complications from Carnival Cruise Lines".

 

[ajkroy]

I don't think Carnival is subject to US law.

 

[davew128]

I don't think Carnival is subject to US law.

Despite the fact that they conduct business in the United States?

 

[cbg]

Sounds like they are not denying you coverage - they are denying you coverage for your pre-existing condition. Under current law in the US and subject to certain limitations, that IS legal.

 

[ajkroy]

Despite the fact that they conduct business in the United States?

Cruise lines are usually based out of some other country. I suspect Carnival is, as well. Just because they have ports here doesn't mean they have to conduct their business by US Law. Carnival has ports in dozens of countries. I would think that would be a logistical nightmare if they had to follow the employment law of each port.

 

[Mnemosyne]

Carnival Corporation is headquartered in Doral, FL (Miami area) and London.

 

[cbg]

Actually, Carnival is joint American/British owned and is headquartered in both countries.

But, as I said above, based on the scant information we have it would appear that the restriction IS legal in the US under current law.

 

[BigMouthWino]

Cruise lines are usually based out of some other country. I suspect Carnival is, as well. Just because they have ports here doesn't mean they have to conduct their business by US Law. Carnival has ports in dozens of countries. I would think that would be a logistical nightmare if they had to follow the employment law of each port.

Carnival Corporation is traded on the NYSE (CCL) and based in the United States. What you are thinking of is the ships themselves, which they register abroad. This is a process in the industry known as flying "flags of convenience."

 

[davew128]

Just because they have ports here doesn't mean they have to conduct their business by US Law. Carnival has ports in dozens of countries. I would think that would be a logistical nightmare if they had to follow the employment law of each port.

They conduct business here. As such they must abide by US law to the extent both the business and employees are in the country. Sorry if that is a logistical nightmare for you.

 

[justalayman]

Cruise lines are usually based out of some other country. I suspect Carnival is, as well. Just because they have ports here doesn't mean they have to conduct their business by US Law. Carnival has ports in dozens of countries. I would think that would be a logistical nightmare if they had to follow the employment law of each port.

the ships are often (and usually) registered in other countries but that does not affect the fact that Carnival is a US based company. Even if they weren't, an employee and their employer are bound by the laws of the state and country they are in (think: branch office). Since Carnival hires people in Florida and they ship out from Florida, Florida law is going to apply.