disability benefits 101: Cómo trabajar con una discapacidad en California
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AB 1672: Frequently Asked Questions

1) ¿Cuál es la diferencia entre la cobertura médica grupal y el seguro médico grupal?

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La cobertura médica grupal es cualquier plan ofrecido por un grupo, por ejemplo una empresa o una asociación.

El seguro médico grupal, por otro lado, es la cobertura que se paga a través de una prima que establece pagos regulares. Los ejemplos incluyen las Organizaciones de Proveedores Preferidos (PPO), Puntos de Servicios (POS) y Planes de Reembolso.

A diferencia del seguro médico:

2) What is AB 1672?

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AB 1672 took in effect in 1993 under the California Insurance Code 10702. This state law contains California health insurance protections, allowing individuals with pre-existing medical conditions the ability to transition from an old health coverage plan to a new group health insurance plan. The law also enables small businesses, professional groups, and associations (with 2 to 50 individuals) to provide affordable health coverage options through a health insurance purchasing pool, known as PacAdvantageEnlace externo.

3) Is AB 1672 health coverage?

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No. AB 1672 contains health coverage protections for people with disabilities and pre-existing conditions who work or change jobs, as well as other important provisions on health care.

4) What are some of the AB 1672 health protections?

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AB 1672:
  • Defines the size of an employer group in California as 2 or more individuals;
  • Defines (in California) that a pre-existing condition is one for which you received treatment within six months prior to enrollment in group heath coverage;
  • Allows you to use credit from previous private health coverage of six months or more to eliminate any pre-existing condition exclusionary period when entering new group health insurance;
  • Allows a gap between a prior private health coverage plan and new coverage of up to 180 days; and
  • Access to group health coverage for small employer groups in California through a health insurance purchasing pool known as PacAdvantageEnlace externo.

AB 1672 does not include Medicare or Medi-Cal as previous private health coverage.

5) ¿Qué es una afección preexistente?

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Under AB 1672, group health insurance defines a pre-existing medical condition as a condition for which an individual received treatment within the past six months prior to enrollment. Treatment is defined broadly and includes physician consultations and prescription medication.

6) What is a pre-existing condition exclusion period?

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A pre-existing condition exclusionary period is a time when a pre-exisiting condition is not covered under your health plan. Under, AB 1672, a maximum pre-existing condition exclusionary period cannot exceed six months. The pre-existing condition will normally be covered once this period has passed.

7) Does AB 1672 apply to all types of health coverage?

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  • Health Maintenance Organization (HMO) coverage accessed through groups such as an employer or association do not contain pre-existing condition exclusionary periods in California.
  • Self Insured Trust coverage through groups can have up to a 12-month pre-existing condition exclusionary period nationally, and are not covered under AB 1672.

8) I receive Medicare and Medi-Cal services. Does AB 1672 apply to me?

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No. Unlike the national health protection law HIPAA, this protection does not include Medi-Cal and Medicare as types of previous health coverage.

9) How do I use prior health coverage as credit to eliminate a pre-existing condition exclusionary period for new group health insurance?

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You can eliminate the pre-existing condition exclusionary period by using months of credit from your previous private medical coverage that you have been covered by for six months or more. To do this, the gap (days of no coverage) between the old and new coverage cannot exceed 180 days.

10) Are there any medical eligibility requirements for AB 1672?

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No. AB 1672 is California health insurance reform allowing individuals with pre-existing medical conditions the ability to transition from group health coverage to group health insurance. This law also provides small employers the ability to access affordable employer-sponsored group health coverage.

11) Does what I have in the bank or what I own, such as a home or car, affect my eligibility for AB 1672?

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No. There are no limits on what you own or have in the bank to use AB 1672's protections.

12) How do I prepare to access AB 1672 health coverage protections?

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To use AB 1672, you will need to provide proof of previous coverage - for at least six months - when enrolling in new health coverage.

13) How many months of previous coverage do I need for AB 1672 to eliminate a pre-existing condition exclusionary period?

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If you had at least six months of previous health coverage, you can eliminate a pre-existing condition exclusionary period upon enrolling in new group insurance. However, the gap between previous and new coverage cannot exceed 180 days.

14) Can I use AB 1672 protections while I am eligible for Medi-Cal?

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Yes. Your eligibility for Medi-Cal has no affect on using AB 1672 protections.

15)

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16) With the more recent HIPAA protections does AB 1672 still have value?

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Yes. AB 1672 allows you to eliminate pre-existing condition exclusionary periods when you have had a gap in private health insurance coverage that is more than 63 days.

17) Are there rules for immigrants to qualify for the AB 1672?

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No. Immigration rules that should be considered relate to your legal residency status and whether you are legally authorized to work in California.
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