How Am I Protected?

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 In Rhode Island, 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 Rhode Island 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. Most 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 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 coverage under a fully insured group health plan and meet other qualifications, you are guaranteed the right to buy 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. This is called guaranteed issue.
  • 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, and other characteristics of those in your group. However, you can be charged significantly higher premiums due to these factors.
  • If you are self-employed, your rights regarding health insurance are generally the same as all other small employers in Rhode Island.
  • If you have had at least 12 months of prior health coverage with no gap, regardless of your health status or any other factor, you cannot be turned down for individual health insurance. You will not face a pre-existing exclusion period for services covered under your prior health plan.
  • Even if you have not had 12 months of prior health coverage, you can buy an individual health insurance policy from Blue Cross/Blue Shield of Rhode Island, regardless of your health status during an annual open enrollment period.
  • 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 Rhode Island Medicaid program, also called the Medical Assistance Program, offers free health coverage for pregnant women, families with children, elderly and disabled individuals with very low incomes. In addition, if you have access to health insurance through your job but cannot afford to pay for it, Medicaid might be able to help.
  • If you believe that you may be at risk for cancer, you may be eligible for free screening and treatment. The Rhode Island Cancer Screening 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.
  • 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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