Learn About Your Legal Rights Regarding Texas Health Insurance

Your Rights under Federal Law

HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that may give you the right to buy coverage. It prohibits insurance companies from refusing to cover a health problem you already have ("pre-existing condition").

To be eligible for these protections, you must have:

1. had at least 18 months of prior coverage, ending with coverage through a job;
2. used up any COBRA or state continuation coverage rights (see #1 and #2); and
3. had no gaps in coverage longer than 63 days, so you must act quickly.

If you qualify for HIPAA protection, in Texas you have a right to coverage through the Texas Health Insurance Risk Pool, the state's high-risk pool. See Section #6 for more information about high-risk pools.

Your Rights under Texas Law

Your state also has laws that control whether an insurance company must offer you a policy, what conditions must be covered and how high the premiums can be for a policy. Because these rules are complex, call the Texas Department of Insurance at 1.800.252.3439 or visit www.tdi.state.tx.us to understand your rights to insurance coverage in the individual market.