Pre-existing Condition Exclusion Period: Definition and Limits (2024)

What Is the Pre-existing Condition Exclusion Period?

The pre-existing condition exclusion period is a health insurance provision that limits or excludes benefits for a period of time. The determination is based on the policyholder having a medical condition prior to enrolling in a health plan. The Affordable Care Act (ACA) drastically curtailed pre-existing exclusion periods, but they can still occur.

Key Takeaways

  • In the past, if individuals could prove that they had creditable coverage before joining the new plan, the exclusion period could be waived.
  • Some insurance carriers still have pre-existing condition exclusion periods but not many, thanks to the passage of the ACA.
  • Insurers in some states could have restrictions added on whether they can include a pre-existing condition exclusion period.
  • Today, insurers cannot deny coverage to somebody based on pre-existing conditions, nor charge more.
  • A pre-existing condition is any health problem or ailment that was previously diagnosed at the time of applying for coverage.

How the Pre-existing Condition Exclusion Period Works

A pre-existing condition exclusion period limits the number of benefits that an insurer has to provide for specific medical conditions and does not apply to medical benefits afforded by a health insurance policy for other types of care.

For example, a policyholder may be excluded from receiving benefits for a pre-existing heart condition for a period ofmonths after starting a policy, but may still receive care for conditions that don't qualify as pre-existing, such as the flu.

All Health Insurance Marketplace plans must cover treatment for pre-existing medical conditions. Medicare also typically covers pre-existing conditions without lengthy waitlists.

Conditions for Exclusion

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires insurers to provide coverage to individuals in group health plans and places restrictions on how insurers can restrict some benefits.

Prior to HIPAA, workers with chronic health problems or ongoing treatments and medication often felt forced to stay in their current job because a new employer's health plan could impose a long wait for coverage or refuse to cover any cost for the condition at all. The act setguidelines on how and when insurers could exclude health coverage from individuals who had pre-existing conditions before joining the policy.

HIPAA did allow insurers to refuse to cover pre-existing medical conditions for up to the first 12 months after enrollment, or 18 months in the case of late enrollment.

Pre-existing condition exclusion periods are regulated policy features, meaning that the insurer is likely to have an upper limit on the periodof time for which the exclusion period will last.

Reducing the Pre-existing Condition Exclusion Period

Individuals can reduce the pre-existing condition exclusion period by proving that they had creditable coverage before joining the new plan, usually with a certificate of continuous coverage from the previous insurer, which may also be able to offer other forms of proof.

Insurers have to provide a written notice indicating that a pre-existing condition is applied, and the exclusion period countdown begins immediately after any plan-required waiting period. In some states, insurers may place additional restrictions on whether they can include a pre-existing condition exclusion period.

The ACA and Pre-existing Health Conditions

Under the Affordable Care Act, passed in 2010, it is illegal for insurance companies to deny coverage to or charge more for people with pre-existing conditions of any kind. 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. They cannot limit benefits for that condition either. Once you have insurance, they can't refuse to cover treatment for your pre-existing condition.

The Affordable Care Act has blocked many insurers from being able to impose the pre-existing condition exclusion period, but it does still occur. This happens usually because the periods have legacy acceptance built in from previous policies; this sort of policy, purchased before March 23, 2010, is called a "grandfathered health plan."

What Is a Pre-existing Condition?

A pre-existing condition is any health problem, like diabetes, or cancer, that you had before the date you applied for insurance. Insurers cannot refuse to cover treatment for your pre-existing condition or charge you more under the ACA.

For How Long Can a Pre-existing Condition Be Excluded?

The Affordable Care Act made it difficult to exclude pre-existing conditions from coverage. As a result, employer-sponsored group health plans almost never have them, although a new employee may have to wait up to three months for coverage overall. As soon as the plan becomes effective, they are fully covered, with no exceptions for pre-existing conditions.

The same goes for individual insurance purchased through a state or the federal health marketplace. Should a non-ACA-compliant plan still exclude pre-existing conditions, in most cases, it can only do so for a certain period—12 or 18 months, depending on when you enrolled.

Can I Get Coverage If I have a Pre-existing Condition?

Yes. 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. The only exception to the pre-existing coverage rule is for certain"grandfathered" individual health insurance plans—the kind you buy yourself, not offered through an employer. They don’t have to cover pre-existing conditions.

Do Short-Term Health Plans Cover Pre-existing Conditions?

No, short-term health plans usually don't cover pre-existing conditions, and claims will be denied if the service or treatment results from one. The length of time that short-term policies “look back” for pre-existing conditions varies by state, ranging from the previous six months to five years.

Can Pregnancy Be Considered a Pre-existing Condition?

No, pregnancy cannot be considered a pre-existing condition, thanks to the Affordable Care Act. (Previous to the act's passage in 2010, it could be.) Also, newborns and newly adopted children who are enrolled in a plan within 30 days cannot be subject to pre-existing condition exclusions.

Pre-existing Condition Exclusion Period: Definition and Limits (2024)

FAQs

Pre-existing Condition Exclusion Period: Definition and Limits? ›

The time period during which a health plan won't pay for care relating to a pre-existing condition. Under a job-based plan, this cannot exceed 12 months for a regular enrollee or 18 months for a late-enrollee.

What is the preexisting condition limitation? ›

The time period during which an individual policy won't pay for care relating to a pre-existing condition. Under an individual policy, conditions may be excluded permanently (known as an "exclusionary rider").

What is the maximum period that a policy may exclude coverage for a pre-existing condition? ›

The maximum exclusion period depends on the type of group health plan you are joining. If you are joining a fully insured group health plan in California, the maximum exclusion period is 6 months. If you are joining a self-insured group health plan, the maximum exclusion period is 12 months.

What does limitations and exclusions mean in insurance? ›

Limitations are conditions or procedures covered under a policy but at a benefit level lower than the norm. Exclusions, on the other hand, are conditions or procedures that are completely omitted from coverage. Your health insurance policy should list all limitations and exclusions.

What is the maximum time period that pre-existing conditions can be excluded in a long term care policy? ›

[Pre-Existing Conditions Limitation: We will not pay for Covered Expenses incurred for any care or confinement that is a result of a Pre-Existing Condition when the care or Confinement occurs within six (6) months following Your initial Certificate Effective Date.

Can I be denied coverage for a preexisting 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.

What counts as a pre-existing condition? ›

A pre-existing medical condition (PEMC) is an illness or injury you had before your policy began or was renewed. Examples of pre-existing medical conditions include, diabetes, asthma, high cholesterol or a long-term back condition.

What is the exclusion period for pre-existing conditions? ›

The time period during which a health plan won't pay for care relating to a pre-existing condition. Under a job-based plan, this cannot exceed 12 months for a regular enrollee or 18 months for a late-enrollee.

What is the longest period of time an insurer may exclude coverage for pre-existing conditions in an LTC policy? ›

A long-term care insurance policy or certificate, other than a policy or certificate that is issued to a group, may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six months following the effective date of coverage of an insured ...

Which legislation limited exclusions for preexisting medical conditions? ›

The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), Genetic Information Non-Discrimination Act, and Affordable Care Act (ACA) impose restrictions on insurers' ability to limit the coverage of pre-existing conditions.

What is exclusion from limitation? ›

Section 14 of the Limitation Act, 1963 provides that the time during which an applicant/plaintiff prosecutes a case in a court without jurisdiction shall be excluded from the computation of limitation provided the same is done with bonafide intention.

What are significant exclusions and limitations? ›

Significant exclusions and limitations

This means insurers will not pay any more than their legal liability under the Road Traffic Act for any claim where the driver of the car insured by them is found to be under the influence of alcohol or drugs or convicted of driving while under the influence of alcohol or drugs.

What is an example of an exclusion on an insurance policy? ›

“Open peril” events are typically excluded from coverage. Examples of these include: Earth movements (e.g., landslides, earthquakes) Water damage from external sources.

What does it mean to exclude pre-existing conditions? ›

Exclude pre-existing medical conditions – you would receive medical travel insurance, but the insurer won't pay out for claims directly or indirectly related to your existing illness.

What is the pre-existing condition exclusion waiver? ›

Without a pre-existing condition exclusion waiver, a travel insurance company won't pay for medical bills or claims related to your recent medical history. With the exclusion waiver, a travel insurance company can't examine your recent medical records when it's reviewing a medical-related claim.

What does a pre-existing condition limitation not apply? ›

A pre-existing condition exclusion period limits the number of benefits that an insurer has to provide for specific medical conditions and does not apply to medical benefits afforded by a health insurance policy for other types of care.

What is the federal law for preexisting conditions? ›

The Patient Protection and Affordable Care Act (ACA) prohibits the use of pre-existing conditions—such as heart disease or a cancer diagnosis—to deny, increase premiums, or impose waiting periods for health insurance coverage.

What is a pre-existing condition limitation may not exceed? ›

The time period during which a health plan won't pay for care relating to a pre-existing condition. Under a job-based plan, this cannot exceed 12 months for a regular enrollee or 18 months for a late-enrollee.

What does pre-existing limitation 3 12 mean? ›

Pre-Existing Condition: 3/12. Voluntary Short Term Disability (VSTD) Voluntary STD plans do not pay benefits for a disability that is caused by or contributed to, by a pre-existing condition if the disability starts within the first 12 months after the coverage goes into effect.

What is the Medicare rule for preexisting conditions? ›

Yes. When you sign up for Original Medicare, any preexisting condition will be covered immediately. However, you'll still be responsible for all out-of-pocket expenses like deductibles, copayments and coinsurance.

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