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The Affordable Care Act Bans Discrimination Against Persons With Pre-Existing Conditions

Although passed in 2010, many key provisions of The Patient Protection and Affordable Care Act only became effective in January, 2014, including its ban on discrimination based on pre-existing conditions.  If you believe you have been discriminated against by an insurance company based on a pre-existing condition or illness, click here to schedule a time to speak with an attorney.  To learn more about the ban on pre-existing conditions, read on.


Under former U.S. federal law, persons with preexisting health conditions (sicknesses prior to obtaining coverage), typically were not insured for such pre-existing conditions.  If a person suffered from a preexisting condition, the health care insurance company would not cover the preexisting condition, subject to state law regulation.  One caveat to the general preexisting condition practice was if a person maintained continuous health insurance coverage, as not having a lapse in coverage usually prohibited insurers from exercising the pre-existing condition exclusion.  Coverage for Individuals

For insurance plans not governed by ERISA, usually plans purchased by individuals, insurance companies were permitted to not offer insurance based on a pre-existing condition or charge a higher premium.

Following the passage of the Affordable Care Act, insurance companies were prohibited from using preexisting condition exclusions, effective January, 2014.  Furthermore, health care insurance companies are prohibited from charging individuals more for health insurance based on preexisting conditions.

As of January 1, 2014, individuals with preexisting conditions will be free to be a part of a health plan without preexisting condition exclusions or increased rates.

If you believe you have been discriminated against based on a pre-existing condition, contact The Callan Law Firm, P.C. to discuss your legal options.