AIDS and the Law Page: 9 of 24
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If the insurance company intentionally or negligently discloses your
test results to a third party (other than those listed above) without your
consent, you may have a claim for damages, including a civil penalty
and attorney's fees.
I am employed and receive health insurance benefits on my job.
How do I get information about my benefits?
An employer must provide a Summary Plan Description to employees
describing all the plan benefits and instructions for filing claims.
What do I do if my claim is denied?
You should contact an attorney. Usually, claims must be processed within
90 days. Claim denials must be in writing, and must explain the basis for
denial and the steps for appealing the decision.
If I am fired from my job, what happens to my insurance benefits?
You may be able to keep your health insurance, but only if you can pay
for it. Employers with 20 or more employees must allow an employee to
continue health insurance coverage, as long as the employee pays the
premiums, for 18 months after the termination or reduction in hours.
If you lose your job and the Social Security Administration determines
that you were totally disabled at the time of your termination, you can
keep your insurance coverage for up to 29 months after termination. If
your employer decides to stop offering health insurance to all employ-
ees, they may have the right to terminate your coverage. Also your health
coverage rights will terminate if you become eligible for other health
insurance coverage, unless the new insurance plan has a preexisting
condition clause that would result in your being denied benefits.
What happens to my insurance once the 18 (or 29) months expires?
You may be able to convert your coverage to an individual policy. If so
PAGE 9
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/9/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.