What Are the Limits on My Protections?

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As important as they are, the federal and state health insurance reforms are limited. Therefore, you also should understand how the laws do not protect you.

· If you change jobs, you usually cannot take your old health benefits with you. Except when you exercise your federal COBRA continuation rights, you are not entitled to take your actual group health plan with you when you leave a job. Your new health plan may not cover all of the benefits or the same doctors that your old plan did. (see Group Health Plans)

· If you change jobs, your new employer may not offer you health benefits. Employers are required only to make sure that any health benefits they do offer do not discriminate based on health status. (see Group Health Plans)

· If you get a new job with health benefits, your coverage may not start right away. Employers can require waiting periods before your health benefits begin. HMOs can require affiliation periods. (see Group Health Plans)

· If you have a break in coverage of 63 days or more, you may have to satisfy a new pre-existing condition exclusion period when you join a new group health plan. (see Group Health Plans)

· Even if you have continuous coverage, there may be a pre-existing condition exclusion period for some benefits if you join a group health plan that covers certain benefits your old plan did not. For example, say you move from a group plan that does not cover prescription drugs to one that does. You may have to wait up to one year before your new health plan will pay for drugs prescribed to treat a pre-existing condition. (see Group Health Plans)

· If you work for certain non-federal public employers in Montana, not all of the group health plan protections may apply to you. (see Group Health Plans)

· In Montana, your access to individual health insurance may depend on your health status. Individual health insurers in Montana are not prohibited from turning you down, charging more, or limiting coverage due to your health. (see Individual Health Plans)

· If you are HIPAA eligible, the Montana Comprehensive Health Association (MCHA) is your only guaranteed access to individual health insurance. However, if you are healthy, you may be able to buy an individual health insurance policy from a private insurer. (see Individual Health Plans)

· If you enroll in MCHA and are not HIPAA eligible, you will face a pre-existing condition exclusion period. (see Individual Health Plans)

· If you move away from Montana, you may not be able to buy individual health insurance in another state unless you are HIPAA eligible. (see Individual Health Plans)


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