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Posted by Dave on December 06, 2003 at 00:11:50:

In Reply to: Re: Re: Move to another state posted by Charles Brodebush on December 05, 2003 at 13:37:27:

My information regarding qualifications for guaranteed-issue health coverage
under HIPAA for California is absolutely 100% accurate. I write enough
HIPAA business to know how it works.

Regarding this particular individual's situation:

If a COBRA beneficiary leaves the COBRA carrier's service state and moves to
California (there is no law against moving to California, is there?), and
the carrier in the state of origin does not offer further continuation in
California (most don't and are not in any way legally required to,
especially HMOs), California health carriers required to provide health
plans under HIPAA regard the termination of COBRA continuation by the COBRA
carrier as having fulfilled the requirement to exhaust all continuation
coverage.

As to funds to transfer, what are you talking about? If the beneficiary
moves to California, and chooses to purchase a Blue Cross of California
HIPAA plan under that arrangement, I as an authorized independent broker for
Blue Cross can effect that application on behalf of the applicant. The
applicant may also buy it from another broker or directly from the carrier.
Same as it would be if I enrolled a lifelong California resident under a
Blue Cross plan upon exhaustion of COBRA continuation. There is no account
transfer of any kind. COBRA is exhausted (by the COBRA carrier in the
original state) and HIPAA is a elective option from any carrier in
California. I am not the insurer, I am only selling and serving the plan.

This information is directly from Blue Cross of California. Nothing
personal, but I trust their expertise on HIPAA health coverage a little more
than yours as they insure about 10 million people and I seriously doubt that
they are in violation of any laws.


: I practice in California, and your HIPAA guidelines are completely incorrect. You lack the necessary funds for a transfer account from New York to California; furthermore, as California Penal Code 2.2.35.621 states, you will be criminally charged with fraud if you choose to move from NY to CA. Just trying to help.

:
: : Yes, I do and happen to practice in California.

: : You must exhaust COBRA continuation and all other continuation options before you are HIPAA eligible.

: : If you leave the COBRA carrier's service area (move) and they do not extend COBRA continuation coverage in the new state, you are considered, at least in California, to have exhausted COBRA and are HIPAA-eligible as long as you meet the other rules for HIPAA (18 mos continuous, not Medicare or Medicaid eligible).

: : You can get California HIPAA rates for Blue Cross of California and Blue Shield of California (they are not combined out here and compete head-to-head) at my web site at:
: : http://www.davefluker.com/hipaa.html

: : Dave
: : www.davefluker.com

:
: :
: : : I am 56 years old and have had bypass surgery in December 2002. I am currently covered under my wife's health insurance. We are planning to become legally separated and I am planning to move to California. I am sure that my COBRA here in New York State does not extend to California, unless I am misled. The HIPAA guidelines state that one is not eligible for HIPAA unless he or she has exhausted his or her COBRA benefits. It seems as if I am between a rock and a hard place here. Does anybody have any experience with this type of situation? I am not disabled and plan to go back to work once I have moved. I just need to have insurance and Rxs for a few months. Thanks for any suggestions.




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