How Nevada Health Insurance Laws Do Not Protect You

What Are The Limits on My Protections?

As important as they are, the federal and state health insurance reforms are limited. Therefore, you also should understand how the laws do not protect you.

  • If you change jobs, you usually cannot take your old health benefits with you. Except when you exercise your federal COBRA or state continuation rights, you are not entitled to take your actual group health plan with you when you leave a job. Your new health plan may not cover all of the benefits or the same doctors that your old plan did.
  • If you change jobs, your new employer may not offer you health benefits. Employers are required only to make sure that any health benefits they do offer do not discriminate based on health status.
  • If you get a new job with health benefits, your coverage may not start right away. Employers can require waiting periods before your health benefits begin. HMOs can require affiliation periods.
  • If you are joining a group health plan and you have a break in coverage of 63 days or more, you may have to satisfy a new pre-existing condition exclusion period.
  • Even if you have continuous coverage, there may be a pre-existing condition exclusion period for some benefits if you join a group health plan that covers benefits your old plan did not. For example, say you move from a group plan that does not cover prescription drugs to one that does. You may have to wait up to one year before your new health plan will pay for drugs prescribed to treat a pre-existing condition.
  • If you work for certain non-federal public employers in Nevada, not all of the group health plan protections may apply to you.
  • Even if you are HIPAA eligible, you can be turned down for some individual health insurance policies. The law permits insurance companies to limit your choices to two plans.
  • If you are not HIPAA eligible, individual health insurers can permanently exclude coverage for your pre-existing condition through a rider, which is an amendment to your insurance contract.
  • Except when you are HIPAA eligible, the law does not limit what you can be charged for individual health insurance. You can be charged substantially higher initial premiums because of your health status, age, gender, and other characteristics.

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