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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 plans they regulate (fully insured group health plans and individual health plans), so your protections may vary if you leave West Virginia. West Virginia has expanded protections for certain kinds of health insurance beyond what federal law requires. 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 West Virginia resident.

How am I protected?
In West Virginia, 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 West Virginia 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.

• In general, health maintenance organizations (HMOs) in West Virginia must have an annual open enrollment period of at least 30 days when you can buy individual health coverage regardless of your health status.

• If you leave your job, you may be able to remain in your old group health plan for a limited 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 are leaving a fully insured group health plan, you can buy an individual health plan under a group conversion policy. You will not face a new pre-existing condition exclusion period. There are no limits on what you can be charged for individual health plan coverage.

• If you are federally eligible, you are guaranteed the right to buy an individual health plan from any insurance company that sells such plans in West Virginia. Insurance companies must offer you a choice of at least two plans. However, they may charge you significantly higher premiums due to your health status, age, or other factors.

• 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, you cannot be charged more due to the health status of those in your group. You can, however, be charged higher premiums, within limits, because of age, gender, industry and other factors.

• 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 West Virginia Medicaid program offers free health coverage for pregnant women, families with children, elderly and disabled individuals with very low incomes. The West Virginia Children's Health Insurance Program provides health coverage to low-income children under the age of 19 who do not have health insurance.