How Am I Protected?

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 In Delaware, as in many other states, your health insurance options are somewhat dependent on your health status.  Even if you are sick, however, the laws protect you in the following ways.

  • Coverage under your group health plan (if your employer offers one) cannot be denied or limited, nor can you be required to pay more, because of your health status. This is called nondiscrimination.
  • All group health plans in Delaware must limit exclusion of pre-existing conditions. There are rules about what counts as a pre-existing condition and how long you must wait before a new health plan will begin to pay for care for that condition. Generally, if you join a new group plan your old coverage will be credited toward the pre-existing condition exclusion period, provided you did not have a long break in coverage.
  • Your health insurance cannot be canceled because you get sick. All health insurance is guaranteed renewable.
  • If you leave your job, you may be able to remain in your old group health plan for a certain length of time. This is called COBRA continuation coverage. If you work for an employer with 20 or more employees, it can help when you are between jobs or waiting for a new health plan to cover your pre-existing condition. There are limits on what you can be charged for this coverage.
  • If you are HIPAA eligible, you can buy an individual health insurance policy from any insurance company that sells such coverage in Delaware. Insurance companies must offer you a choice of at least two policies. However, they may charge you significantly higher premiums due to your health status, age, or other factors.
  • If you are a small employer buying a group health plan, you cannot be turned down because of the health status, age, or any other factor that might predict the use of health services of those in your group. All health plans for small employers must be sold on a guaranteed issue basis.
  • If you are a small employer buying a group health plan, there are limits on how much your premiums can vary due to the health status, age, industry, or other characteristics of those in your group. Even within these limits, however, premiums can be significantly higher if someone in your group has a serious health condition.
  • If you are self-employed with no other workers, you are eligible to buy health insurance under the same rules that apply to other small employers.
  • If you have low or modest household income, you may be eligible for free or subsidized health coverage for yourself or members of your family. The Delaware Medicaid program offers free health coverage for pregnant women, families with children, and elderly and disabled individuals with very low incomes.
  • In addition, some women diagnosed with breast or cervical cancer through this the Screening for Life Program may be eligible for medical care through Medicaid.
  • If you believe that you may be at risk for cancer but are uninsured or underinsured, you may be eligible for free screening and treatment. The Screening for Life Program provides free cancer screening for qualified residents. Some women diagnosed with breast or cervical cancer through this program may be eligible for medical care through Medicaid. In addition, the Delaware Cancer Treatment Program provides payment of medical expenses related to cancer treatment to qualified individuals.
  • If your children are 18 years old or younger, do not have health insurance, and meet other qualifications, you may be able to buy insurance for them through the Delaware Healthy Children Program.
  • If you lost your health insurance and are receiving benefits from the Trade Adjustment Assistance (TAA) Program, you may be eligible for a federal income tax credit to help you pay for new health coverage. This credit is called the Health Coverage Tax Credit (HCTC), and is equal to 65% of the cost of qualified coverage, including COBRA.
  • If you are a retiree aged 55-65 and receiving benefits from Pension Benefit Guarantee Corporation (PBGC), then you may be eligible for the HCTC.


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