Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > INSURANCE > Health Insurance and HMO Plans

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-19-2008, 08:11 AM
Junior Member
 
Join Date: Jul 2008
Posts: 1
Thumbs up

Help - Pre-Existing Condition


What is the name of your state (only U.S. law)? MA

I know this has been covered, but just to confirm.

My new insurance company is "investigating" claims that were paid out for an endoscopy procedure that I recently had. They are looking to see if this is a pre-existing condition. Which it is! I had insurance by my previous employer and a new company took over and their insurance is from a different insurance company. I was with the prior employer for 4 years with the same coverage. There has been no gap in coverage from one insurance plan to the other. So my understanding is that this new company must not deny any claim based on a pre-existing condition due to a federal law, is this correct? And I would assume that the new insurance is just going through the procedure of investigating, but in the end will not be able to use the pre-existing clause as a reason not to pay. I do remember getting a letter from my previous insurance co providing details of length of coverage...should I send this to my new insurance or just wait until they ask? I ask this because the insurance company 1st paid the claim, but now are rejecting and reversing the payment. Should I be expecting a letter asking for proof of prior coverage??

Thanks for help
JRWhat is the name of your state (only U.S. law)?
  #2  
Old 07-19-2008, 09:52 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Don't wait. Make sure you are covered.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 07-19-2008, 10:16 AM
cbg cbg is offline
Senior Member
 
Join Date: Nov 2001
Location: Massachusetts
Posts: 23,731
Yes, you should expect a letter requiring proof of other coverage.

It is quite common for such an investigation to take place. Just because they are investigating doesn't mean they're going to try to get out of paying.

As long as you were covered for at least 12 months before starting the new plan and as long as there was no gap (or a gap of less than 63 days) between the two plans, then under Federal HIPAA they cannot deny a claim because it is pre-existing.

Honestly, the insurance companies are the bad guys both coming and going. If they investigate, they're trying to get out of paying. If they don't investigate, they're irresponsibly driving up costs by not making sure the claims are legitimate.

And no, I do not work for an insurance carrier.
  #4  
Old 07-19-2008, 02:20 PM
Member
 
Join Date: Apr 2008
Location: pennsylvania
Posts: 459
Send a message via Yahoo to momm2500
Just send in a copy of the credibility of prior coverage to them. You should also check with your employer since this is a take-over (aquisition) that there might be already something in writing that prevents the insurance company from investigating pre-existing. The employer could call the insurance company for you.
  #5  
Old 07-19-2008, 05:32 PM
cbg cbg is offline
Senior Member
 
Join Date: Nov 2001
Location: Massachusetts
Posts: 23,731
I have been through a number of acquisitions on both sides of the desk and I have NEVER seen a clause that prohibited a carrier from investigating pre-ex's.
  #6  
Old 07-19-2008, 06:52 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,825
Find your creditable coverage letter, and call your insurance company to ask where you should send it.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:32 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.