How Am I Protected?

In Michigan, 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 Michigan 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 health 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. Most health insurance is guaranteed renewable.
  • You are guaranteed the right to buy individual health insurance from some insurers. All Michigan residents are guaranteed the right to buy an individual health policy from Blue Cross Blue Shield of Michigan. In addition, you will not be charged more due to your health status, although these policies are often expensive.. In addition, HMOs in Michigan are required to offer all policies to all individuals on a guaranteed issue basis during one annual 30-day open enrollment period.
  • If you lose your group health insurance and meet other qualifications, you may be HIPAA eligible. If so, you can buy individual health insurance from Blue Cross Blue Shield. You will not face a new pre-existing condition exclusion period. There are limits on what you can be charged for these policies.
  • 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. 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 fully insured group health plan, you can buy individual health insurance coverage under a conversion policy. You will not face a new pre-existing condition exclusion period.
  • 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 self-employed, you can qualify to buy small group health insurance from Blue Cross Blue Shield of Michigan. Blue Cross Blue shield must sell “group of one” policies to sole proprietors. Other insurers may offer “group of one” coverage to groups of gone, but they are not required to do so.
  • If you are a small employer buying a group health plan policy from an HMO or Blue Cross Blue Shield, you cannot be charged more due to the health status of those in your group. However, premiums will vary based on age, industry and geographic area. This is called modified community rating.
  • 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 Michigan Medicaid program offers free health coverage for pregnant women, families with children, elderly and disabled individuals with very low incomes.
  • 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 MIChild program.
  • If you believe that you may be at risk for cancer, you may be eligible for free screening and treatment. The Breast and Cervical Control Program provides qualified women with free breast and cervical cancer screening. In addition, women diagnosed with cancer through this program may be eligible for medical care through the Michigan Medicaid 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 and a policy offered by Blue Cross Blue Shield of Michigan.
  • 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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