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Fiancéé is pregnant.. what can I do now?

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Filed: K-1 Visa Country: Canada
Timeline

So I found out this morning that my Canadian fiancéé is pregnant. This is wonderful news for us both and we're very happy, but.. I cannot add her to my health insurance I have through my work until we are married, and if we don't add her soon, they will consider it a pre-existing condition and not cover any expenses until the child is born.

So, I'm wondering what my options are. She has health insurance in Canada of course, but I would obviously want to be there for her during as much of the pregnancy as possible.

One potential option would be to just get married now and add her to my policy. I realize we would likely have to re-file, which is not optimal, but something we might be willing to go through. Would the USCIS be more likely to deny us the second time around though for doing it this way?

We would really like for her to go through the pregnancy here in our own home, together, in the US. Obviously we will do whatever is best for the baby, but... has anyone got any suggestions? Anyone gone through this before that can relate their story?

Thanks,

Jonathan

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Filed: AOS (apr) Country: Philippines
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Check again, pregnancy should not be considered a pre-existing condition for health insurance... Under the HIPAA law of 1996, health insurers cannot consider pregnancy a preexisting condition

Edited by fwaguy

YMMV

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I just wanted to say...Congratulations!!!! :thumbs:

Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Filed: Country: Jamaica
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Check again, pregnancy should not be considered a pre-existing condition for health insurance... Under the HIPAA law of 1996, health insurers cannot consider pregnancy a preexisting condition

I agree.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Filed: Timeline
Check again, pregnancy should not be considered a pre-existing condition for health insurance... Under the HIPAA law of 1996, health insurers cannot consider pregnancy a preexisting condition

Definitely. I used to work in health care. Your company is violating the law if they're telling you it's a pre-existing condition. Actually it's probably just an HR droid that doesn't understand the rules. In either case, set them straight.

And yes...congratulations!! This is wonderful news!

Edited by mox

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Filed: K-1 Visa Country: Canada
Timeline
Check again, pregnancy should not be considered a pre-existing condition for health insurance... Under the HIPAA law of 1996, health insurers cannot consider pregnancy a preexisting condition

It seems the law only applies if she previously had health insurance. She is Canadian, so she has health insurance in Canada, but does that apply here?

-Jonathan

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Filed: K-1 Visa Country: Canada
Timeline

it should of course even if canadians heatlh care is way different...it should still be consider as " previous" health care.

Anyway, in my opinion you are almost at the end of process for visa so just hang in there.... ( a pregnancy last 9 months after all loll ) so youll be with her soon enough...and you could always even check to find her the best doctor in us to take care of her and the baby :P

Congrast :dance: its a wonderful news.

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Filed: Timeline
It seems the law only applies if she previously had health insurance. She is Canadian, so she has health insurance in Canada, but does that apply here?

-Jonathan

Not true.

If you had a medical condition in the past, but have not received any medical advise, diagnosis, care or treatment within the 6 months prior to your enrollment date in the plan, your old condition is not a preexisting condition to which an exclusion can be applied.
Moreover, under HIPAA, preexisting condition exclusions cannot be applied to pregnancy, regardless of whether the woman had previous health coverage.

http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html

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Filed: K-1 Visa Country: Canada
Timeline
it should of course even if canadians heatlh care is way different...it should still be consider as " previous" health care.

Googling around, it appears the law only applies to previous group plans. I have no idea if this includes Canadian health insurance.

Anyway, in my opinion you are almost at the end of process for visa so just hang in there.... ( a pregnancy last 9 months after all loll ) so youll be with her soon enough...and you could always even check to find her the best doctor in us to take care of her and the baby :P

Indeed, but the problem is that I need to get health insurance ASAP if they are going to consider it a pre-existing condition. At this stage, she is likely around 2 weeks, so if we are to get married right this second, she would 100% definitely be covered. It's not so certain if we wait the 2 months or so it will take to get the VISA.

Congrast :dance: its a wonderful news.

Thank you all, it is indeed fantastic news. The prospect of paying out of pocket scares me lol, but we're very excited nonetheless.

-Jonathan

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Filed: K-1 Visa Country: Canada
Timeline
Not true.

If you had a medical condition in the past, but have not received any medical advise, diagnosis, care or treatment within the 6 months prior to your enrollment date in the plan, your old condition is not a preexisting condition to which an exclusion can be applied.
Moreover, under HIPAA, preexisting condition exclusions cannot be applied to pregnancy, regardless of whether the woman had previous health coverage.

Ok, this sounds very promising. A call to the insurance company citing this yielded better results, though no definitive answer yet. Should hear from them later today, though.

Thank you all VERY much. Thank God for the internet :)

-Jonathan

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Filed: Timeline
Not true.

If you had a medical condition in the past, but have not received any medical advise, diagnosis, care or treatment within the 6 months prior to your enrollment date in the plan, your old condition is not a preexisting condition to which an exclusion can be applied.
Moreover, under HIPAA, preexisting condition exclusions cannot be applied to pregnancy, regardless of whether the woman had previous health coverage.

Ok, this sounds very promising. A call to the insurance company citing this yielded better results, though no definitive answer yet. Should hear from them later today, though.

Thank you all VERY much. Thank God for the internet :)

-Jonathan

You're very welcome. If your insurance carrier does turn you down, be sure to file a complaint with the Department of Labor. Actually all you're going to have to do is threaten to file a complaint, and your insurance company will fold. Don't accept any other answer, even if they come up with some other reason for denial. The law is very clear on this point: Pregnancy is NOT a pre-existing condition and they cannot deny coverage, period. (sorry I'm so passionate on this, but as I said I used to work in managed care, and saw this kind of ####### *all* the time. Insurance companies know the law, but they operate under the knowledge that most of their customers don't know the law. Don't let them get away with this.)

Best of luck to you, and congratulations on your forthcoming family. :)

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