A&H Policy ProvisionsQuestion 294 of 716

Under HIPAA Title I as ORIGINALLY enacted, a 'pre-existing condition' for group-health-plan purposes was defined as a condition for which medical advice, diagnosis, care, or treatment was recommended or received during the:

a.6-month period ending on the enrollment date (the 'lookback' period); creditable coverage with no break exceeding 63 days reduced any allowable exclusion month-for-month
b.Entire lifetime of the individual, so any condition ever diagnosed or treated could be excluded permanently from the employee's new group plan
c.24-month period ending on the enrollment date, a lookback applied only to enrollees over age 65 and one that no amount of prior coverage could shorten
d.12-month period ending on the enrollment date, with no offset allowed for prior creditable coverage however recently the individual was insured

Explanation

HIPAA Title I (29 U.S.C. §1181) ORIGINALLY defined a pre-existing condition as one for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the individual's enrollment date in the plan. Plans could exclude such conditions for up to 12 months (18 for late enrollees), REDUCED by prior creditable coverage so long as there was no break exceeding 63 days. The ACA later eliminated pre-existing-condition exclusions for non-grandfathered individual and group plans, but the 6-month lookback and 63-day break rule remain important conceptual building blocks tested on exams. California Insurance Code §10198.7 parallels these protections. The 24-month lookback said to apply only to enrollees over age 65, and the 12-month lookback said to allow no offset for prior creditable coverage, both invent incorrect windows and scopes. The lifetime lookback permitting permanent exclusion of any condition ever diagnosed is plainly wrong; HIPAA never used a lifetime lookback. Candidates should know both the historical HIPAA rule and the ACA's later elimination of pre-ex exclusions.

Law Reference: 29 U.S.C. §1181 (HIPAA pre-existing lookback); California Insurance Code §10198.7

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Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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