What states have pre-existing condition protections?

Asked by: Audie Bogan  |  Last update: March 4, 2025
Score: 4.3/5 (44 votes)

In a previous post, we found that at least four states (Colorado, Massachusetts, New York, and Virginia) had laws that would preserve key ACA preexisting condition protections if the federal law is overturned.

What states have protections for preexisting conditions?

In 2019 and 2020, at least 15 states (CT, DE, FL, HI, IN, LA, MD, ME, NH, NJ, NM, NV, OR, VT, and WA) have enacted laws to create or study coverage protections against pre-existing condition exclusions or coverage of all essential health benefits (EHB) provided for in the Affordable Care Act (ACA).

Can I be denied health insurance because of a pre-existing condition?

Under the Affordable Care Act, health insurance companies can't refuse to cover you or charge you more just because you have a “pre-existing condition” — that is, a health problem you had before the date that new health coverage starts. They also can't charge women more than men.

Can Medicare refuse to cover pre-existing conditions?

Yes. Medicare Advantage (MA) plans won't reject your enrollment if you have a preexisting condition.

Are preexisting conditions covered in the US?

Coverage for pre-existing conditions

All Marketplace plans must cover treatment for pre-existing medical conditions. No insurance plan can reject you, charge you more, or refuse to pay for essential health benefits for any condition you had before your coverage started.

VOTE EXPECTED: Save Federal Protections for People with Pre-existing Conditions

30 related questions found

How far back is a pre-existing condition?

A pre-existing medical condition is a disease, illness or injury for which you have received medication, advice or treatment or had any symptoms (whether the condition has been diagnosed or not) in the five years before your joining date. Health insurance doesn't usually cover 'pre-existing conditions'.

Does Blue Cross Blue Shield cover past medical bills?

Health insurance policies are designed to cover medical expenses incurred during the period when the policy is active. This means that if you received medical services before your policy's effective date, those expenses are generally not covered.

How do insurance companies know if you have a pre-existing condition?

To determine if a condition is pre-existing, insurers examine medical history, treatment records, and diagnosis reports. They may use “look-back periods,” which are specific timeframes—typically six months to a year before coverage begins—to review medical history.

What 3 states allow year-round enrollment in Medigap?

The four states with year-round open enrollment are:
  • New York.
  • Connecticut.
  • Vermont.
  • Washington.
  • Oklahoma.

Is there a waiting period for pre-existing conditions with Medicare?

Under federal law, Medigap insurers may impose a waiting period of up to six months to cover services related to pre-existing conditions if the applicant did not have at least six months of prior continuous creditable coverage.

What is the waiting period for pre-existing diseases?

Almost all health insurance plans cover pre-existing diseases after a waiting period of usually 2 to 3 years. This implies that any hospitalization expenses related to the declared ailments can be claimed only after 2 to 3 successful years with the insurer.

Can UnitedHealthcare deny coverage for preexisting conditions?

Summary. Pre-existing condition exclusions are no longer applied to members covered under health insurance policies and group health plans. These rules apply equally to collectively bargained and non-collectively bargained plans.

How many Americans have pre-existing conditions?

A pre-existing condition is a health diagnosis that exists before someone tries to enroll in a new health insurance policy. Previous research estimated that nearly 27% of US adults aged 18 to 64 years had a declinable (ie, pre-existing) condition.

What does the Affordable Care Act say about pre-existing conditions?

Health insurers can no longer charge more or deny coverage to you or your child because of a pre-existing health condition like asthma, diabetes, or cancer, as well as pregnancy. They cannot limit benefits for that condition either.

What states is it illegal to not have health insurance?

Presently there are six states with individual mandates:
  • California.
  • D.C.
  • Massachusetts.
  • New Jersey.
  • Rhode Island.
  • Vermont (but there's currently no financial penalty attached to the mandate)

Is high blood pressure a pre-existing condition?

Insurers generally define what constitutes a pre-existing condition. Some are obvious, like currently having heart disease or cancer. Others are less so – such has having asthma or high blood pressure.

What states are guaranteed issues for Medigap?

State laws can provide further protections, but only four states— Connecticut, Massachusetts, Maine, and New York—require either continuous or annual guaranteed issue protections for Medigap for all beneficiaries in traditional Medicare ages 65 and older, regardless of their medical history.

Can Medigap deny preexisting conditions?

Be aware that under federal law, Medigap policy insurers can refuse to cover your prior medical conditions for the first six months.

What happens to Medigap if I move to another state?

Your answer:

You can keep your current Medigap policy no matter where you live, as long as you still have Original Medicare. If you want to switch to a different Medigap policy, you'll have to check with the Medigap insurance company about your options.

What pre-existing conditions are not covered?

Is there health insurance for pre-existing conditions? Choosing a health plan is no longer based on the concept of a pre-existing condition. A health insurer cannot deny you coverage or raise rates for plans if you have a medical condition at the time of enrollment.

Do any insurers cover pre-existing conditions?

In some cases, you'll also need to give the insurer access to your medical records. The insurer can then decide if they want to insure you or not for a pre-existing condition. So, you may be able to get insurance for a pre-existing medical condition that is excluded with Moratorium underwriting.

Is high cholesterol a pre-existing condition?

Does high cholesterol count as a pre-existing medical condition? Yes. High cholesterol is considered a pre-existing medical condition by insurance companies, along with similar conditions like high blood pressure.

What is the Federal No Surprise Act?

The No Surprise Act aims to limit the amount you pay out of pocket to a level closer to what you would pay if the healthcare provider were in-network. The Act defines this limit using a recognized market amount or qualifying figure (like the average fee for the service).

How far back will insurance cover?

In California, the retention period can be anywhere from two to ten years, depending on the type of procedure or healthcare provider. However, an insurance claim medical report should only look as far back as the injury in question.

How much does an MRI cost with Blue Cross insurance?

Patients insured by United are charged $995, Humana's $988, and Blue Cross' $464. In other words, depending on their insurance company, some patients may wind up paying $500 more for an identical procedure at the same facility. As is typical of health care pricing, they often won't know the price beforehand.