A question for South Carolina employers

GLC

We have a pregnant ee who recently located to Beaufort, SC. Her new employer told her that in SC pregnancy is considered a pre-existing condition and she would need to go on our COBRA until she has the baby. I thought that was illegal but there has been no break in her coverage for more than 63 days. She was told SC was one of the few states that recognizes pregnancy as a pre-existing condition. She will be working for a non-profit social services agency. Does anyone know about this law in SC?

hrbanker

I don't know about South Carolina, but HIPAA is a National law. It's under HIPAA that she would be able to go onto the new coverage with no pre-existing condition limitation.

Almost all health plans will say pregnancy is a pre-existing condition. However if she has had continuous coverage for 12 months, that eliminates the pre-existing condition exclusion. If her coverage was for 4 months, then it only eliminates 4 months of the 12 month exclusion.

If the new employer has two or more participants, she would be covered by the law. How long was she covered by insurance before the move? If it was not long enough to eliminate the exclusion, she might be better off picking up COBRA.

Rockie

Totally NOT true. South Carolina abides by HIPPA rules and regulations as does any other state. In addition, pregnancy, itself, could not be singled out as a "pre-existing" condition - this would have to apply to other conditions as well.

If there is no break in service, she is eligible to be added to the company's plan.