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 Ohio.
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 an Ohio resident.
How
am I protected?
In Ohio, 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 health plans in Ohio 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.
All 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 continuation coverage 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 group health insurance and meet other qualifications,
you can buy a conversion policy. This is an individual health
plan from the company that insured your employer group. You
cannot be denied coverage because of your health status, and
you will not face a new pre-existing condition exclusion period.
There are limits on what you can be charged for a conversion
policy.
All individual market health insurers in Ohio must have an
annual open enrollment period, during which you can buy certain
kinds of individual health coverage regardless of your health
status. This is called guaranteed issue. You must meet other
requirements to be eligible to buy individual coverage during
an open enrollment period.
If you are federally eligible, you can buy an individual health
plan any time during the year. You do not have to wait for
an open enrollment period. If you are federally eligible,
you have additional protections when you buy either an individual
health plan or a conversion policy.
If you are a small employer buying a group health plan, you
cannot be turned down because of the health status, age, or
any other factor that might predict the use of health services
of those in your group. All health plans for small employers
must be sold on a guaranteed issue basis.
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, gender, or other characteristics of those in
your group. Even within these limits, however, premiums can
be significantly higher if someone in your group has a serious
health condition.
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 Ohio Medicaid program offers free health
coverage for pregnant women, families with children, and 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 Healthy Start or
Healthy Families program.