How Am I Protected?

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In Louisiana, 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 health plans in Louisiana 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 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. This is called guaranteed renewability.
  • 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 or state continuation coverage. 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 lose your group health insurance and meet other qualifications, you will be HIPAA eligible.  If so, you can buy health coverage from the Louisiana Health Plan (LHP).  You will not face a new pre-existing condition exclusion period.  There are limits on what you can be charged for a LHP policy.
  • If you have had difficulty obtaining affordable individual health insurance because of your health condition, you may also be eligible for the Louisiana Health Plan (LHP).  In this case you may face a new pre-existing condition exclusion period.  There are limits on what you can be charged for a LHP policy.
  • If you are a small employer buying a group health plan, you cannot be turned down because of the health status, age, or any 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 with 3 to 35 employees buying a group health plan, there are limits on what you can be charged because of the health status, age, or other characteristics of those in your group.
  • 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 Louisiana Medicaid program offers free health coverage for pregnant women, families with children, elderly and disabled individuals with very low incomes.
  • If your children are under the age of 19, do not have health insurance and meet other qualifications, you may be able to get coverage for them through the Louisiana Children’s Health Insurance Program (LaCHIP).
  • If you believe that you have or are at risk for breast or cervical cancer, you may be eligible for free screening and treatment.  The Louisiana Breast and Cervical Health Program provides qualified women with free breast and cervical cancer screening.  In addition, women diagnosed with cancer may be eligible for treatment through the Louisiana Medicaid Program.
  • If you have lost your health insurance and are receiving benefits from the Trade Adjustment Assistance (TAA) Program then you may be eligible for a federal income tax credit to help pay for new health coverage.  This credit is called the Health Care Tax Credit (HCTC), and it is equal to 65% of the cost of qualified coverage, including COBRA.
  • If you are a retiree aged 55-65 and are receiving pension benefits from Pension Benefit Guarantee Corporation (PBGC), then you may also be eligible for the HCTC.


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