In Texas, 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. (see Group Health Plans)

· All health plans in Texas 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 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. (see Group Health Plans)

· When you apply for an individual health insurance policy, insurance companies may not turn you down, charge you more or impose a pre-existing condition exclusion period because of your genetic information. In addition, insurance companies are not allowed to even ask about your genetic tests or family history when you apply for coverage. (see Individual Health Plans)

· Your health insurance cannot be canceled because you get sick. Most health coverage is guaranteed renewable. (see Individual Health Plans for Individual Coverage, and Small Employer or Self-Employed Person for Small Group Coverage)

· 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 you 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. (see Individual Health Plans)

· If you lost your group health plan because of involuntary termination of employment that occurred between September 1, 2008 and December 31, 2009, you may be eligible for a federal tax credit that can help you pay for your COBRA or state continuation coverage premiums for up to nine months. (see Individual Health Plans)

· If you lose your group health plan and meet other qualifications, you will be HIPAA eligible. If so, you can buy an individual health insurance policy from the Texas Health Insurance Pool. You will not face a new pre-existing condition exclusion period. (see Individual Health Plans)

· If you are not HIPAA eligible and have had difficulty obtaining affordable individual health insurance because of your health condition, you may also be eligible for Texas Health Insurance Pool coverage. If you qualify for this coverage because of health reasons and you have had no previous health coverage, you may face a new pre-existing condition exclusion period. There are limits on what you can be charged for a Pool policy. (see Individual Health Plans)

· If you are a small employer buying a fully insured small 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 insurance policies for small employers must be sold on a guaranteed issue basis. However, the insurance carrier can turn you down if your small business does not meet the participation or contribution requirements. (see Small Employer or Self-Employed Person)

· If you are a small employer buying a fully insured group health plan, there are limits on what you can be charged due to health status, age, gender, or occupation of those in your group. (see Small Employer or Self-Employed Person)

· As a small employer, you may not be turned down or charged more because of the genetic information of a member of your group. In addition, insurance companies are not allowed to even ask about genetic tests or family history of people in your group when you apply for coverage. (see Small Employer or Self-Employed Person)

· 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 Texas Medicaid program offers free health coverage for pregnant women, families with children, elderly and disabled individuals with very low incomes. In addition, some women diagnosed with breast or cervical cancer may be eligible for medical care through Medicaid. Another program, the Texas Children’s Health Insurance Program (CHIP) offers subsidized health coverage for certain uninsured children. (see Financial Assistance)

· If you believe you may be at risk for cancer but are uninsured or underinsured, you may be eligible for screening and treatment. The Texas Breast and Cervical Cancer Control Program providers 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. (see Financial Assistance)

· 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 80% of the cost of qualified coverage, including COBRA and a policy offered through the Texas Health Insurance Risk Pool. (see Financial Assistance)

· 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. (see Financial Assistance)