Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I currently have health insurance coverage through my employer. At the end of this month my job is being eliminated and I will be out of work and without healthcare coverage. My wife and I have pre-existing conditions and we were told that if we get private health insurance before my group insurance ends then we would not have to advise our pre-existing conditions. Is this true and how do I go about doing this?
The Affordable Care Act (commonly referred to as Obamacare) has prohibited an insurance company from charging more or denying coverage due to a pre-existing condition. This is true even if your state did not accept the Medicaid expansion that was part of the Act. However, it is best to not allow your insurance to lapse. You may qualify for COBRA insurance to extend your current benefits, though you would have to pay full cost. You can discuss this option with your human resources department. If your state is part of the Federal Healthcare Marketplace, or has set up its own health insurance marketplace, you should be able to shop for a plan and begin coverage outside of open enrollment because you are losing your current coverage. You can go to Healthcare.gov for more information. You can also contact insurance companies directly or use an insurance broker to find a plan that works well for your wife and yourself during this transition.
