Health Insurance Portability and Accountability Act (26 U.S.C. s. 9801) (45 CFR Part 160) (45 CFR Part 164)
- Under a federal statute the ability to deny health insurance to new employees because of preexisting conditions has been considerably limited.
- Employers and health insurers may with respect to a participant or beneficiary impose a preexisting condition exclusion only if:
- The exclusion relates to a condition (whether physical or mental), for which the participant or beneficiary received medical advice, diagnosis or treatment within the last six months;
- The exclusion lasts for no more than 12 months after the enrollment date; and
- The length of the exclusion is also reduced by the period of time for which the participant or beneficiary had health insurance coverage before the enrollment date.
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