Is pregnancy considered a pre-existing condition

[sapita915]

I just found out last night that I am expecting. I cannot be any more than a couple of weeks. My problem is I am starting a new job on 11/29th. Would it be considered a pre-existing condition because I got pregnant prior to starting at the new place? Would I still qualify for coverage by my future insurance?

[LConnell]

Yes, it will be considered a pre-existing condition UNLESS you are currently covered on a health plan and you will continue to be covered until the new plan kicks in. (This is under a plan such as one offered by a previous employer or under a spouse's plan.) If you had coverage under your previous plan and you did not sign up for COBRA, you may still be able to do so. It may cost you several hundred dollars up to a thousand dollars. However, that is far cheaper than what you will pay if you go through a pregnancy without medical coverage.

Let me know if you have any other questions.

[sapita915]

Well, I am still employed at a different company with insurance. My employment here terminates next week Friday, and then that following Monday is when I start my new job. I just spoke with my HR department here and they have explained to me that I will be covered under Cobra after my last day of employment here. My new insurance does not kick in at my new job until after 30 days of employment. It's just that time frame from my employment ending here and therefore my insurance expiring to Cobra kicking in, which I don't know what that particular time frame is either, to my new insurance kicking in. So, I guess what I understand is that as long as I have some type of coverage, I should be ok then? Would it be like transferring records and of the such from one insurance carrier to the next? And without penalty? Thanks for your prompt response!

[LConnell]

Yes, under a law called, "HIPAA", you will be able to smoothly go from one carrier to the next, theoretically. It is very important the you sign up for COBRA, pay your premium (which will equal the amount you were paying as an employee AND the employer's portion AND an administrative fee) promptly, etc. Don't miss the deadline. The COBRA will be retroactive to the end of your employer's coverage. Keep with it until you know that your new insurance kicks in. You will then be covered for your pregnancy.

Congrats on the pregancy, good luck with your new job and let me know if you have any other questions.

[LConnell]

One other note - make sure that you keep great records, including copies of COBRA letters, checks that you use to pay premiums, etc. on the COBRA plan. You may need it if the new insurance hassles you. Also, your employer should provide you (upon your request) with a note saying that you have been covered under their plan continuously, etc.

Let me know if you have any other questions.

[sapita915]

Alright. Worse case scenario here - if I decide to WAIT to tell my new employer until after my insurance kicks in, because I would only be about 1 1/2 months to 2 months into my pregnancy by the time my insurance kicks in, what would be the repercussions of going that route?

[LConnell]

It should have no effect on your benefit coverage. You need to carefully watch for deadlines, etc., for the benefit enrollment. Theoretically, your net employer should not treat you any differently once they know of your pregnancy. You can read about pregnancy discrimination at: www.eeoc.gov However, it may be a good idea to hold off in notification, just so that the issue of the pregnancy doesn't get in the way of the development of your relationship with your supervisor and coworkers. (As a working mother, I know, from first-hand experience, that a pregnancy can complicate things...even with the most enlightened of employers.)

Let me know if you have any other questions.

[sapita915]

Thanks for your time and guidance. I can now make a better informed decision.

Have a safe Thanksgiving holiday!

[Noelle102005]

Not sure of my rights in TX. I'm pregnant, work for real estate co and was provided free rent and Cobra fees due to change in ownership of the property I managed. Now the new company after paying Cobra for a couple of months wants to charge me additional months and has given me 3 days to move out, after being confined to bed rest by my doctor or they will begin charging me rent. Are there laws to prevent this? I am due in 3 weeks. I was verbally promised the insurance coverage and the free rent as employment perks.

[shaughnna]

I live in MA and I was given a slightly different slant on the answer to this question. I was told that when I start my new job I have to be offered a Cobra plan that is comparable to the insurance that I had with my old job (Until my new insurance kicks in) In other words if I had dental, I must be covered for dental, major medical, eye glasses etc. However here comes the gray area. I was told that the new insurance company will most likely have their own exclustions, exceptions hence, If the new company considers preganacy to be a pre existing condition - well I could possibly have a problem. For some reason the Insurance Co. I have now does not offer Cobra. So I guess I need to work with HR to be sure a plan is chosen for me that does not consider Pregnancy to be a PE condition. I was told that some states do mandate that pregnancy NOT be considered a pre existing condtion.

I just wanted to add to the thread about when to tell my new boss as I too will be almost 3 months pregnant when I start my job. I decided that honesty is the best policy is this case. I understand that business is business and that I have to watch out for myself. However I feared that if I sprung this news on my new boss one month into the job, that there may be a trust betrayal issue. I went with my instinct and met with her last night. She was very grateful for my honestly. The only question she had was if I was definintely planning to return back to work after my 3 month pregnancy leave which I do. She thanked me again, stating that by telling her now will allow her to plan ahead for the time I will be out.

[Betty3]

You added to a thread from 2005.

HIPAA is a federal law that prohibits employer sponsored group health ins. policies from considering pregnancy a pre-existing condition (regardless of whether the woman had previous coverage).

[cbg]

I was told that when I start my new job I have to be offered a Cobra plan that is comparable to the insurance that I had with my old job (Until my new insurance kicks in)

There is no such law in MA or any other state. No law anywhere requires a new employer to provide you with any coverage prior to being eligible for their plan. It is the responsibility of your former employer to provide you with COBRA coverage.

[shaughnna]

I don't believe the person was saying that the new employer was obligated to provide her with the coverage. My understanding was that she was just saying that her understanding was that Mass law requires Cobra to offer her comperable coverage.

[cbg]

This is what I was referring to:

I was told that when I start my new job I have to be offered a Cobra plan that is comparable to the insurance that I had with my old job (Until my new insurance kicks in)

That is not the way the law works. When you LEAVE YOUR OLD JOB you have to be offered comparable coverage by the OLD employer, assuming that the employer is mandated to provide COBRA. (In MA that is every employer since MA has a state law that covers groups of 2-19 employees and which mirrors COBRA.) The only way to read the statement as phrased above is that the NEW employer is required to offer that coverage, which is emphasized by the following: So I guess I need to work with HR to be sure a plan is chosen for me that does not consider Pregnancy to be a PE condition.

The ONLY entity that is required to provide COBRA is the OLD employer. The NEW employer has no obligation whatsoever to provide any kind of coverage before the new insurance kicks in. There is NOTHING in MA law or the law of any other state requiring a new employer to provide stop gap coverage, or COBRA, or any other kind of coverage prior to eligibility for the new plan, comparable or not. If you were told otherwise, the person who told you that is wrong.

FEDERAL law states that pregnancy cannot be considered a pre-existing condition on employer-sponsored group plans.

[suzie88260@windstream.net]

my landlord filled a 30 day eviction on the 22nd of JULY.My rent was due on the 9th of AUGUST we refused to pay the 130.00 dallors to pay up until the 22nd. of AUGUST which is the final day of the 30 day eviction.we were expected to pay the 130.00 plus a 25.00 dallor late charge yesterday however our vehicle broke down on monday and I have an infection I had to go to the emegency room lastnight due to me being pregnant.My due date is 4-8-09.can she file a three day eviction or could she take the unpaid rent out of my security deposit.

[Pattymd]

Originally Posted by suzie88260@windstream.net

my landlord filled a 30 day eviction on the 22nd of JULY.My rent was due on the 9th of AUGUST we refused to pay the 130.00 dallors to pay up until the 22nd. of AUGUST which is the final day of the 30 day eviction.we were expected to pay the 130.00 plus a 25.00 dallor late charge yesterday however our vehicle broke down on monday and I have an infection I had to go to the emegency room lastnight due to me being pregnant.My due date is 4-8-09.can she file a three day eviction or could she take the unpaid rent out of my security deposit.

Try posting this is Real Estate Law forum elsewhere on this site. It has nothing to do with employment law.

[cbg]

And given that this thread originated nearly four years ago and people keep hijacking it, I think it's time to close it permanently.