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My COBRA ended 3 months ago and now my preexisting condition is being excluded from my new plan, can they do that?

Answer: Under the HIPAA laws, you can not be denied coverage or have a preexisting condition excluded as long as you do not have a lapse in coverage over 63 days. Unfortunately in your case it sounds like you may have been without insurance for longer than that. For your preexisting condition, you may want to consider PCIP insurance or a state high risk pool.

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