Your Legal Rights

Much to the disappointment and disdain of many U.S. citizens, health insurance is not an inalienable right. It is not on the same playing field, as it were, with the natural rights of life, liberty and property, nor is it analogous to civil rights such as the right to vote, of not being discriminated against, the right to privacy and the right to peaceful protest. That being said, health insurance is available and accessible -- if not always affordable -- to a large number of Americans, although many remain uninsured or underinsured. And there are protections in place at both the state and federal level to ensure continuity of coverage if an individual loses his health insurance through change of job, a leave of absence from the workforce due to the birth or adoption of a child, marriage or divorce, death of an insured spouse or parent, or a move to a different state or country.

HIPAA

One of the most well-known (and effective) pieces of legislation regarding health insurance rights came about in 1996. The Kassebaum-Kennedy Act, also known as HIPAA (Health Insurance Portability & Accountability Act), is in place to make sure that individuals do not lose their insurance coverage when changing jobs. In an economy where long-term employment with one company is the exception rather than the rule, this is particularly important. The legislation was designed to prevent a syndrome called "job lock," in which people were reluctant to leave their current job for fear of losing their health insurance.

COBRA

Another important federal law, known as COBRA, helps those who are between jobs and who need health insurance coverage while seeking new employment. This situation arises when a person resigns, is laid off, or is fired from his job. Coverage through COBRA is not cheap, but the group rates offered for premiums are far lower than what an individual can expect to pay without it.

Certificate of Creditable Coverage

Before you leave any health plan - either group or individual - be sure to get a "certificate of creditable coverage" in writing. This will allow you to pick up with the new insurer almost exactly where you left off with the previous one. It is better to pay a little more out-of-pocket in the interim than to be uninsured. Health insurance may not be a legal right, but it certainly is a necessity.

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