How Am I Protected?

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 In Tennessee, 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 Tennessee 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 group 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. 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 period 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 fully insured group health insurance, you may be eligible to purchase a conversion policy. This is an individual policy from the company that insured your former group policy. You will not face a new pre-existing condition exclusion period. However, there are no limits on what you can be charged for a conversion policy.
  • If you lose your group health coverage, you may be HIPAA eligible. If so, you can buy individual insurance from any insurance company that sells individual health insurance policies in Tennessee (see page 13).
  • If you cannot buy individual health insurance from a private insurer because of a health condition you can buy health insurance from the Tennessee high risk pool, AccessTN.
  • 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. All health plans for small employers must be sold on a guaranteed issue basis.
  • If you are a small employer with a group consisting of 3-25 employees, there are limits on what you can be charged based on health status.
  • If you are a small business buying a group health plan, you may be eligible for coverage through CoverTN. CoverTN is a state sponsored program that provides small employers access to health insurance at a reduced premium.
  • 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. TennCare, part of the Medicaid program, offers free or subsidized 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 a program CoverKids.
  • If you believe that you may be at risk for breast or cervical cancer, you may be eligible for free screening and treatment. The Tennessee Breast and Cervical Cancer Early Detection Program provides qualified women with free breast and cervical cancer screening. Some women diagnosed with breast or cervical cancer through this program may be eligible for medical care through Medicaid.
  • If you have 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 pay for new health coverage. This credit is called the Health Coverage Tax Credit (HCTC), and it is equal to 65% of the cost of qualified health coverage, including COBRA and a policy offered through BlueCross BlueShield of Tennessee.
  • 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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