Pre-existing condition. Paying insurance and not being covered, can anything be done or am I stuck paying.

Asked over 1 year ago - Fort Pierce, FL

I had medical insurance on my job and It cancel because I could not afford it because I had no income because i took a medical leave of absent on my job. I had no sick days so therefore i had no income. When i started back to work last month my job had me to re-in roll not informing me that because I was off work and my insurance cancel for four months I would fall into the pre-existing clause which i knew nothing about, I got a letter in the mail after I re-enrolled and(payroll deduction being taken out) stating that I will not be covered for my high blood or any conditions I had before my insurance cancel because of the laps 4mths, I ask why wasn,t this explained to me I was told that this is what the clause states I ask could I drop the insurance I was told no, can they do this BCBS

Attorney answers (1)

  1. Benjamin P. Cloward

    Contributor Level 10

    2

    Lawyers agree

    Answered . I am sorry to hear about the problem you are facing. You will want to consult with an attorney there locally to determine whether Florida has any specific laws that may help you. However, my thought is that you are unfortunately stuck with the pre-existing limitation. Generally speaking folks have 60 days after they leave a job to elect COBRA which will prevent them from falling into the pre-existing abyss. If you don't elect COBRA and did not have any other insurance, because you were uninsured for that period of time, it appears as though your company is legally within their rights to do what they are doing.

    On the positive side, one of the major features of OBAMA-Care is that it eliminates the insurance industries ability to deny coverage based on a pre-existing condition. This doesn't provide you with an immediate solution, but does provide hope for the future.

    Good luck. Sorry for the bad news.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,936 answers this week

3,308 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,936 answers this week

3,308 attorneys answering