Florida Health Insurance Laws 

 June 28, 2013

By  LMW Attorneys

Although there are federal regulations related to health insurance, such as the Health Insurance Portability and Accountability Act (HIPAA), other laws that concern health insurance coverage vary from one state to the other. Therefore, it is important that you be aware of not only federal regulations, but also rules that are specific to the state of Florida.

When it comes to health coverage, individuals that have certain pre-existing medical conditions are often concerned as to whether they would be able to qualify for health insurance and wonder if these health conditions can be excluded from coverage, or if the insurer can charge them more for coverage because of them.

The good news is that if your employer offers a group health plan to its workers, the law does not allow the insurance company to deny you coverage, require you to pay additional premiums, or limit the amount of coverage if you have a pre-existing medical conditions.

Another worry that people have is that if they discover they are suffering from a chronic or serious medical condition, the insurance company will cancel their coverage. In the case of group health plans in Florida, this is not allowed. The insurer is required to renew the health coverage of any individual that is otherwise eligible, without regards to their health status.

While individuals in Florida benefit from several protections related to health coverage, there are some limitations to them. If you move from one job to the next, in the majority of cases it will not be possible for you to transfer your health care benefits from your previous employer. In Florida, there is no law that requires employers to offer health coverage to all of their employees. The law only states that employers cannot decide to deny health benefits to a worker based on their current health conditions.

When you begin working for a new employer, they may require that you be subject to a waiting period before your health benefits begin. This is fully legal, as long as the employer applies this waiting period in a consistent way among their new employees and does not discriminate according to health status.

State and federal health coverage laws can be quite complex. If you have questions about how they apply to you, or if you have problems getting the health insurance you need, consulting an experienced attorney can be very helpful, such as LMW Attorneys.