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Pre-existing Condition Exclusion Periods: How They Work and Real-Life Examples

Last updated 03/18/2024 by

Silas Bamigbola

Edited by

Fact checked by

Summary:
Pre-existing condition exclusion periods in health insurance explained. Learn how they work, their history, and regulations.

Understanding pre-existing condition exclusion periods

Pre-existing condition exclusion periods, often referred to as “waiting periods,” are a significant aspect of health insurance policies. They limit or exclude benefits for specific medical conditions for a defined period of time based on the policyholder’s medical history before enrolling in a health plan.
The Affordable Care Act (ACA) played a pivotal role in reducing the prevalence of pre-existing condition exclusion periods, but they can still exist in certain cases.

How pre-existing condition exclusion periods work

A pre-existing condition exclusion period restricts the benefits an insurer provides for specific medical conditions. These exclusions do not apply to medical benefits offered for other conditions.
For example, a policyholder may face an exclusion period for a pre-existing heart condition but is still entitled to coverage for conditions that don’t qualify as pre-existing, such as the flu.
All Health Insurance Marketplace plans are required to cover treatment for pre-existing medical conditions.
Medicare also typically covers pre-existing conditions without lengthy waitlists.

Conditions for exclusion

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) introduced significant changes in how insurers can exclude benefits related to pre-existing conditions. Prior to HIPAA, individuals with chronic health problems often faced difficulties when changing jobs due to long waiting periods or a complete lack of coverage for their conditions in new employer health plans.
HIPAA allowed insurers to refuse to cover pre-existing conditions for up to 12 months after enrollment, or 18 months in the case of late enrollment.
Pre-existing condition exclusion periods are regulated features, and they typically have an upper limit on their duration.

Reducing pre-existing condition exclusion periods

Policyholders can often reduce these exclusion periods by providing evidence of creditable coverage before joining a new plan. This usually involves obtaining a certificate of continuous coverage from the previous insurer.
Insurers must provide written notice when a pre-existing condition exclusion is applied, and the countdown begins immediately after any plan-required waiting period.
Under the ACA, health insurers can no longer impose pre-existing condition exclusion periods, except in certain cases of “grandfathered health plans.”

The Affordable Care Act and pre-existing conditions

The Affordable Care Act, implemented in 2010, made it illegal for insurance companies to deny coverage or charge higher premiums for individuals with pre-existing conditions. Health insurers are also prohibited from limiting benefits for pre-existing conditions.
Although the ACA significantly reduced the prevalence of pre-existing condition exclusion periods, some policies with legacy acceptance built in before March 23, 2010, still retain these provisions.

What constitutes a pre-existing condition?

A pre-existing condition is any health problem, such as diabetes or cancer, that a person had before applying for insurance. Under the ACA, insurers cannot refuse to cover treatment for pre-existing conditions or charge higher premiums based on them.

Duration of exclusion

The ACA has made it challenging to exclude pre-existing conditions from coverage. Employer-sponsored group health plans, as well as individual insurance purchased through state or federal marketplaces, almost never impose pre-existing condition exclusion periods.
For any remaining non-ACA-compliant plans, exclusions typically last for a certain period, usually 12 or 18 months, depending on when the policyholder enrolled.

Can I get coverage if I have a pre-existing condition?

Yes, under the Affordable Care Act, health insurance companies cannot refuse to cover you or charge higher premiums based on pre-existing conditions. The only exception is certain “grandfathered” individual health insurance plans that are not employer-sponsored.

Do short-term health plans cover pre-existing conditions?

No, short-term health plans generally do not cover pre-existing conditions, and claims related to such conditions are typically denied. The “look back” period for pre-existing conditions varies by state, ranging from six months to five years.

Can pregnancy be considered a pre-existing condition?

No, thanks to the Affordable Care Act, pregnancy cannot be considered a pre-existing condition. Additionally, newborns and newly adopted children enrolled in a plan within 30 days are not subject to pre-existing condition exclusions.

Examples of pre-existing condition exclusion periods

Let’s delve into a few examples to illustrate how pre-existing condition exclusion periods work in real-life scenarios:

Example 1: Jane’s health insurance

Jane recently switched jobs and, along with it, her health insurance plan. Unfortunately, she has a pre-existing heart condition that requires ongoing treatment. Her new employer’s health plan imposes an exclusion period of 12 months for pre-existing conditions. During this period, Jane’s heart condition won’t be covered by her new insurance.
However, Jane had creditable coverage from her previous employer’s plan, which covered her heart condition. She provides a certificate of continuous coverage to her new insurer, and as a result, the exclusion period is waived. Jane can now receive coverage for her pre-existing condition from day one of her new plan.

Example 2: Sam’s ACA-compliant plan

Sam, a self-employed individual, purchases an insurance plan through the Health Insurance Marketplace. Thanks to the regulations imposed by the Affordable Care Act, his plan is ACA-compliant, meaning it cannot impose pre-existing condition exclusion periods. Sam has a history of asthma, which is considered a pre-existing condition.
With his ACA-compliant plan, Sam doesn’t have to worry about exclusion periods or higher premiums due to his asthma. His health insurance covers his asthma treatment from the moment the plan becomes effective.

Understanding HIPAA’s impact

The Health Insurance Portability and Accountability Act (HIPAA) brought about crucial changes in the insurance industry. While it limited pre-existing condition exclusion periods, it also established certain rules:

Rule 1: 12-month exclusion

Before HIPAA, insurance companies could impose a 12-month exclusion period for pre-existing conditions. This meant that if you had a chronic health problem and switched jobs, you might have to wait a year for your new employer’s health plan to cover the costs related to your condition.

Rule 2: 18-month exclusion

For late enrollees or those who waited to get insurance coverage, HIPAA extended the exclusion period to 18 months. Late enrollees could face an additional six months without coverage for their pre-existing conditions.
With the implementation of HIPAA, individuals with pre-existing conditions gained some protection, but the ACA provided even more comprehensive coverage.

Conclusion

Pre-existing condition exclusion periods have been a significant consideration in health insurance. The Affordable Care Act brought about critical changes, ensuring that individuals with pre-existing conditions are not denied coverage or charged more. While these exclusions are rare today, understanding their history and regulations remains important for informed health insurance decisions.

Frequently asked questions

Are pre-existing condition exclusion periods still common in health insurance policies?

Pre-existing condition exclusion periods have become less common, thanks to the Affordable Care Act (ACA). However, they may still exist in certain cases, particularly with “grandfathered” health plans purchased before March 23, 2010.

How can I reduce or waive a pre-existing condition exclusion period?

You can often reduce or waive a pre-existing condition exclusion period by providing evidence of creditable coverage from a previous insurer. This usually involves obtaining a certificate of continuous coverage, which demonstrates your prior coverage for the same condition.

What changes did the Health Insurance Portability and Accountability Act (HIPAA) bring regarding pre-existing condition exclusion periods?

HIPAA introduced significant changes, limiting the duration of pre-existing condition exclusion periods. It allowed insurers to exclude coverage for pre-existing conditions for up to 12 months after enrollment, or 18 months for late enrollees. However, the ACA went further in reducing and restricting these exclusions.

Can short-term health plans cover pre-existing conditions?

No, short-term health plans generally do not cover pre-existing conditions. Claims related to pre-existing conditions are typically denied when covered under short-term plans. The “look back” period for pre-existing conditions varies by state.

Can pregnancy be considered a pre-existing condition under health insurance?

No, thanks to the Affordable Care Act, pregnancy cannot be considered a pre-existing condition. This important change ensures that pregnant individuals can obtain health coverage without being subjected to pre-existing condition exclusions.

Key takeaways

  • Pre-existing condition exclusion periods are restrictions on health insurance benefits related to pre-existing medical conditions.
  • Thanks to the ACA, insurers cannot deny coverage or charge more based on pre-existing conditions.
  • Coverage for pre-existing conditions is now a fundamental aspect of health insurance.

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