I have changed jobs since I had my mastectomy and now have insurance coverage with my new employer. Is my new employer’s insurance company required to comply with WHCRA?
If your new employer’s plan covers mastectomies and you are receiving benefits under the plan, then your new employer’s plan will generally be required to cover your request for reconstructive surgery. However, you maybe subject to a pre-existing condition exclusion period under your new employer’s plan. HIPAA may provide you with protections from a pre-existing exclusion period if you had prior continuous coverage.