Hipaa.. Please assist

[knight1]

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

I changed employers in jan of 2000 left prior employer in dec 1999.

Was injured not work related had to have surgery. I paid the bill because I was unaware of HIPAA. All I can remember is that we were told we would not be eligible for insurance for 90 days which of course is the norm for most jobs. But because of HIPPa i should have been covered since I had group insurance from my prev employer. Is this not how HIPAA works. if so do I have any recourse to be re-imbursed for the money I paid for the surgery and all medical cost associated.

Is there a time frame to claim. But I was unaware. The only reason I know now is because I'm studying for my L&H test.

Thank you in advance for your assistance.
Knight1

 

[Some Random Guy]

You are thinking of COBRA and not HIPAA.

HIPAA is for medical privacy.
CORBA is for continuing medical coverage after leaving an employer.

You should have been notified within 45 days of leaving your previous employer about the opportunity to continue coverage under COBRA, though the price is usually quite high and it is often cheaper to get individual insurance if you do not have preexisting conditions.

If the medical expenses occurred in 2000, then you are well past the statute of limitations for these expenses.

 

[cbg]

Study harder.

HIPAA does not prohibit a waiting period before coverage at a new job. What HIPAA says is that if there is no gap in coverage of 63 days or more, a condition cannot be considered pre-existing. Under no circumstances is an employer required to waive a waiting period because you had previous coverage.

You could have elected COBRA for that 90 days. That's what COBRA is for - to provide coverage during a waiting period. The fact that you chose not to does not obligate either employer to provide you with coverage during the gap.

 

[Zigner]

And, just to be clear...
The 90 day waiting period for the new employer is perfectly valid. The new employer did nothing wrong.

 

[cbg]

SRG - HIPAA is for medical privacy, yes, but before it was amended to include medical privacy, HIPAA related to the portability of coverage when changing employers. That's what the P in HIPAA stands for - Portability.

But the poster is still very badly misinterpreting what that portion of the original HIPAA law says.

 

[momm2500]

normally an insurance plan has a 12 month filing deadline so at this point you can not get reimbursed any monies

 

[cbg]

While I agree that this claim is long beyond what any carrier would pay now, it is not fact that "most" insurers have a 12 month limit. I've seen them both shorter and longer.