AIDS and the Law Page: 10 of 24
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AIDS AND T HE L.AW
you may be eligible for this coverage without having to answer health
questions. The premiums will be higher than the group premiums, and
the coverage will probably not be as good. However, this may be the
only insurance you will be able to get, and if at all possible, you should
exercise your right to this coverage. If you qualified for the 29 months of
coverage and that time has expired, you should be eligible for public
health benefits. See the "Public benefits" section below.
Is there any government assistance to help pay for health insurance
premiums?
No. Although the Texas Human Services Department is authorized by
law to pay health insurance premiums for individuals with AIDS or other
terminal illnesses who have very low incomes, this program has not
been funded. There are a few private foundations that might be able to
provide financial assistance to you to enable you to pay for private
health insurance premiums. You should discuss your situation with an
attorney or with a case worker at a local AIDS service agency.
I don't have any insurance and I have tested HIV-positive, can I obtain
health insurance?
Maybe. You can if your employer provides group coverage, the cover-
age does not contain an outright exclusion for HIV infection, and you
enroll during an open enrollment period. Even then, you may have to
wait until a preexisting condition clause expires before the policy be-
comes effective. If you are denied based on a claim of preexisting condi-
tion, you should contact an attorney. Once you have tested HIV-posi-
tive, you will probably not be able to get an individual insurance policy.
The insurance application will either ask you about your HIV status or
require you to take an HIV test. If you lie about your medical condition
on the insurance application, and the insurance company can prove you
lied, then they can legally cancel the policy.
I have insurance, is the insurance company legally obligated to pay my
claims?
Yes, but the insurer may try to avoid payment either by claiming HIV as
a preexisting condition, or by claiming you made a material misrepre-
PAGE 10
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/10/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.