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Would my pre-existing condition prevent from getting health insurance at another job after a break?

I have health insurance with my employer right now. I also have a pre-existing condition (had a bypass surgery a while ago). I was thinking of doing some freelancing for about a year, then going back to a full time job. During this year I would use Cobra coverage. After this year, when I decide to go back to full employment, would I be able to obtain medical insurance with the new company (assuming they provide health insurance to their employees)? Or would my pre-existing condition pretty much keep from ever going any freelancing? I understand that there is some type of law that says that as long as you have a lapse in coverage no longer than 63 days, the new group policy cannot exclude coverage for preexisting conditions. But does this also apply to Cobra coverage? Is what I want to do feasible? Thanks.

Public Comments

1. As long as you can afford the COBRA payments, it is feasible. COBRA is considered coverage and as long as you elect to take COBRA when you leave your job, it eliminates the gap in coverage requirement under HIPAA.
2. Cobra usually runs for 18 months max, so by being off 1 year with Cobra would be ok. But other considerations to consider. Even if the new employer has insurance, many companies may have anywhere from 30 days to 6 months before an employee is eligible to be on the companies health coverage. Also, with the economy in the toilet, can you be sure you will be able to get another job during this time frame? With so many people unemployed out there and many over a year still looking, could put you in a bind if you are not successful. With your pre-existing condition, once cobra runs out, your only option if no job would be to go into a high risk pool in your state. With group coverage and no lapse, they cant exclude you, but not all jobs provide health insurance since this is a benefit the employer provides. The main question should be, if you leave and then go back, will you have trouble finding another job or not? good luck
3. As long as you do not have a lapse in creditable coverage of less than 63 days the new plan must accept you and cover your condition. If you have a lapse of greater than 63 days they still must accept you but there may be a pre-existing condition exclusion which can last up to 1 year depending on your state regulations. COBRA counts as creditable coverage. Here is the government website concerning HIPAA regulations for more information: http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html
4. Yes, as long as you keep the COBRA coverage, you can have coverage under the new group policy for your preexisting conditions. And even if you let it lapse more than 63 days, you still get the new coverage, it just excludes any coverage for the preexisting conditions for 12 - 18 months depending on state.
5. Yes, it applies to COBRA. Yes, you would be able to obtain health insurance if you go to work for a company that provides it. However, I cannot guarantee that you will be able to find a job in a year.