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HIPAA
HIPAA
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
amended the 1975 ERISA, the 1986 Internal Revenue Code and the Public Health
Service Act. Basically, Congress enacted HIPAA to improve the portability and
continuity of health care coverage in the group and individual markets. This
page does not discuss the rules affecting the privacy or security of medical
records, only the portability of the coverage.
What are the general provisions of HIPAA?
- Exclusions are limited for pre-existing medical conditions
- Credit is now given for prior qualifying health coverage towards covering
pre-existing conditions. This provision also outlined a process for
providing evidence of prior coverage with a HIPAA certificate.
- Employees have new rights allowing enrollment for health coverage if
they lose coverage or have a new dependent. For example, the employee waived
his coverage due to having coverage through a spouse's employer. The
spouse loses coverage, they have a new opportunity to enroll in the
employer's plan. Same thing applies if an employee gets married or adds a
new child.
- Prohibits discrimination in premiums or enrollment due to an employee
or dependent's health status. The carrier can not deny or limit coverage, or
offer different premiums. (Of course, the group overall rates can be affected, just not an
individual employee or dependent.)
- Guarantee health coverage availability and renewability to employers,
large or small.
- States were again guaranteed the right to regulate health insurance and
to provide flexibility of requiring greater protection regulations.
Some important definitions were created.
- A pre-existing condition limitation is defined as "limitation or
exclusion of benefit relating to a condition based on the fact that the
condition was present before the first day of coverage, whether or not any
medical advice, diagnosis or treatment was recommended or received before
that day."
- A group plan may not impose an exclusion on a any pre-existing
condition unless the individual received medical advice, care, diagnosis or
treatment within the six months prior to enrolling for the new coverage.
- If a pre-existing condition does exist, it can not be excluded for more
than 12 months, except for late enrollees, then it is 18 months.
- The period of time that a company can exclude a pre-existing condition
is reduced by the existence of qualifying prior coverage, the days of
"creditable coverage." A break in coverage of 63 days between
prior coverage and new coverage eliminates this requirement. With a break in
coverage the 12 month pre-existing coverage limitation does apply.
- Pre-existing conditions can not be imposed on a pregnancy, to a new
born or adopted child.
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