Need some advice..Have a disability claim in progress for LTD, which was denied due to preexisting condition clause. Was told that HIPAA does not cover Disability Insurance. My research seems to tell me defferently. Heres what my research shows: HIPAA definition of Group Health Plan (Also called employee welfare plan) follows:
"..(5) Group health plan: The term `group health plan' means any employee welfare benefit plan, governmental plan, or church
plan (as defined under paragraphs (1), (32) and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(1), (32) and (33))) that maintains (or makes contributions to) a health plan." Sections of ERISA quoted above reads as follows:
" Sec. 1002. Definitions
For purposes of this subchapter:
(1) The terms ``employee welfare benefit plan'' and ``welfare plan'' mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or
unemployment, or vacation benefits, apprenticeship or other training
programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in section 186© of this title (other than pensions on retirement or death, and insurance to provide such pensions)." Did I miss something? What is wrong with my research? Why can't I apply my previous disability insurance to help cover the preexisting condition? Appreciate any responses. Thanks in Advance.. My insurance plan is an ERISA plan.
[This message has been edited by dhltn (edited 08-31-98).]