Numerous state and federal
laws make it easier for people with pre-existing conditions
to get or keep health insurance, or to change from one health
plan to another. A federal law, known as the Health Insurance
Portability and Accountability Act (HIPAA) sets national standards
for all health plans. In addition, states can pass different
reforms for the health insurance plans they regulate (fully
insured group health plans and individual health plans), so
your protections may vary if you leave Montana. Neither federal
nor state laws protect your access to health insurance in
all circumstances. So please read this guide carefully.
The following information summarizes how federal
and state laws do or do not protect you as a
Montana resident.
How am I protected?
In Montana, 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 Montana 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 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.
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 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 group health insurance
and meet other qualifications, you will be federally eligible.
If so, you can buy an individual health plan from the Montana
Comprehensive Health Association (MCHA) high risk pool. All
your pre-existing conditions will be covered immediately under
the benefits provided. Premiums will vary based on your age.
You can also buy insurance from MCHA
if you have been turned down by at least two health insurance
companies or have a serious health condition and meet other
qualifications. In this case you may face a new pre-existing
condition exclusion period if you havent had coverage
lately.
If you lose your group coverage under
a fully insured group health plan and meet other qualifications,
you also can buy a conversion policy. There are limits on
what you can be charged for a conversion policy, although
they tend to be costly.
If you are a small employer buying a
group health plan, you and your employees and dependents 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 what you can be charged
because of health status, age, or other characteristics of
those in your group.
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 Montana 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 Montana
Child Health Insurance Plan (MT CHIP).