Federal law bars group health insurance
plans that cover maternity from considering pregnancy a pre-existing
condition. This means that if you change group health plans while
you're pregnant, your new group health insurer
(as long as it covers maternity) can't deny claims related to your
pregnancy. But a variety of loopholes means pregnant women could still
lack insurance coverage for their prenatal care if they don't do some
careful planning.
"(3)
EXCLUSION NOT APPLICABLE TO PREGNANCY. A group health plan, and health
insurance issuer offering group health insurance coverage, may not
impose any pre-existing condition exclusion relating to pregnancy as a
pre-existing condition."
— The Health Insurance Portability and Accountability Act |
Under
a federal law known as HIPAA, group health plans cannot consider
pregnancy a pre-existing condition and cannot exclude coverage for
prenatal care or your baby's delivery, regardless of your employment or
health insurance history, but only if the plan already includes
maternity coverage. This holds true whether you are the primary insured
or a dependent. So, health plans can't deny you coverage when you go
from one job to another and switch employer-sponsored group health
plans. See HIPAA: Your rights to health insurance portability.
Unfortunately,
HIPAA applies mainly to group health plans. So if you move from one
individual health plan to another individual health plan or from a
group plan to an individual plan, you might not get pregnancy coverage
at all, you might have to sit out a waiting period, or, if you are
offered insurance that covers your pregnancy, you might find it's very
expensive.
Even if you are eligible for insurance coverage
under HIPAA, you may have to sit out a waiting period. For example, say
you're pregnant and have group health insurance and then switch jobs.
Say your new group health plan has a standard one-month eligibility
period for all new employees before it begins. The new health plan
isn't required to cover your pregnancy until the plan takes effect.
While that might not be a problem if you're early in your pregnancy and
you don't mind paying for a prenatal visit or two out of your own
pocket, it could be trouble if you're in your eighth or ninth month and
have no coverage, even temporarily.
Is there
anything you can do to bridge the gap between group plans? Yes, you can
enroll in your former employer's COBRA plan to cover any interim period
between health plans. Read Know your COBRA rights.
However, employers aren't required by law to offer COBRA unless they
have at least 20 employees. And you'll also wind up paying more in
premiums: up to 102 percent of the full premium because of
administrative fees. Some states have so-called "mini-COBRA" laws that
apply to small employers. (See State-specific laws for COBRA).
If
you can't get COBRA, and if you've had at least 18 straight months of
group coverage, you might be entitled to buy a "guarantee issue"
individual policy, which means the insurance company cannot turn you
down. But states have leeway in these laws, and some might force you
into a high-risk pool, where the exorbitant premiums could be more than
you'd pay on a couple of prenatal visits anyway. Read High-risk health insurance pools. If
you are pregnant, it will be impossible for you to buy individual
health coverage on your own. This is because health plans already know
you have a condition that's going to require treatment and claims
payments. In a worst-case scenario, such as a difficult birth,
treatment is very expensive.
Medicaid is another option, but only if you meet the low-income requirements. For more information, see Understanding Medicaid.
Some women might also qualify for WIC —
the Special Supplemental Nutrition Program for Women, Infants, and
Children run by the federal government. It provides nutrition
counseling and access to health care services to low-income women who
are pregnant, breastfeeding, and nonbreastfeeding postpartum, and to
infants and children up to age 5 who are at nutritional risk. To
qualify, women must meet income guidelines, a state residency
requirement, be individually assessed as a "nutritional risk" by a
health professional, or already qualify for certain other low-income
programs, such as Medicaid. For more information, visit WIC online or call your state insurance department.
Bear
in mind that there's no legal requirement that an employer offer a
health plan at all. However, if your employer opts to do so, the health
plan must comply with federal Employee Retirement Income Security Act
(ERISA) laws as well as state requirements that often mandate maternity
and prenatal care (unless the employer is self-insured).
When a company is "self-insured," it's
not governed by state laws, but only by ERISA. Those ERISA plans must
comply with the federal HIPAA law when it comes to pregnancy. A
self-insured employer that offers group health benefits, if it includes
maternity coverage, cannot exclude a new employee's pregnancy under a
pre-existing condition clause. However, the new employee will have to
sit out any routine waiting period. Read How to make claims under a self-insured health plan.
In
order to ensure coverage for your pregnancy, you have to assume
individual responsibility. If you're planning to become pregnant, make
sure you have health insurance first. If you're pregnant and thinking
about switching jobs, be aware that you might have to go a month or two
without insurance, and make sure your next health plan covers
pregnancy. Check with the company's employee benefits administrator to
find out. Also, if you haven't already studied your employer's policy
regarding pregnancy leave and other pregnancy-related benefits, now is
the time to do so. Read The basics of pregnancy leave.
| If you're planning to become pregnant, make sure you have health insurance first. |
It's
illegal for a potential employer to ask a woman in a job interview
about her family plans, but obviously if you ask pointed questions
about maternity coverage you'll give yourself away. Still, you could
ask for a copy of the company's benefits handbook and read up on
maternity coverage. (Just make sure the handbook contains the most
recent plan information available.)
Unmarried
pregnant women take note: Despite the movement afoot in some
communities and businesses to offer coverage to "domestic partners,"
chances are you won't be added to your boyfriend's group health plan
simply because you're having his baby; there's no legal requirement to
do so, and it's at the discretion of the employer.
Once
the baby is born, however, the unmarried father should be able to
easily add the baby to his group health plan, although he might have to
own up to his paternity in writing first. And a woman with individual
health coverage should have little problem adding her baby to her plan
— but the premiums will increase.
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