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MiamiPrep · Sep 12, 2009, 05:59 AM

I have had health insurance with Blue Cross of Florida for 5 years. If I omitted facts on the initial application, can this policy be cancelled even after 5 years? I thought I was protected by ERISA regulations after 2 years, but lawyer friend told me this may not be so.

nikosmom · Sep 12, 2009, 10:23 AM

Since you said you filled out an application, I can conclude this is a privately purchased policy not a group plan through your employer, right? In that case ERISA law doesn't cover this situation.

Are you saying they are cancelling your policy or are you just worried that your dishonesty may come back to bite you? Normally the period of incontestability is 2 years.

MiamiPrep · Sep 13, 2009, 07:14 AM

Originally Posted by nikosmom

Since you said you filled out an application, I can conclude this is a privately purchased policy not a group plan through your employer, right? In that case ERISA law doesn't cover this situation.

Are you saying they are cancelling your policy or are you just worried that your dishonesty may come back to bite you?? Normally the period of incontestability is 2 years.

Correct: privately purchased individual policy (high-deductible MSA).
I am not canceling, just worried that dishonesty could bite me at some point in future. I am healthy, and only used insurance once 2 years ago for routine colonoscopy & labwork (covered, less deductible). Otherwise, don't ever use insurance.

But was treated 8 years ago for a year with chemotherapy-like regimen for Hepatitis C (cured now). And treated for chemical dependency 25 years ago (in remission 25 yrs, attend AA). And did not disclose this on application.

Thanks for quick answer.

excon · Sep 13, 2009, 08:15 AM

Originally Posted by MiamiPrep

I have had health insurance with Blue Cross of Florida for 5 years. If I omitted facts on the initial application, can this policy be cancelled even after 5 years?

Hello M:

Yes.

excon

nikosmom · Sep 13, 2009, 08:19 AM

You're welcome. You should be fine since the period of contestability has long passed. I was just under the impression that you'd gotten a letter saying they would be cancelling you. Also, they were probably privy to the misrepresentation in your application because there is a Board that allows insurers to fact-check. They may not catch every single thing, so that's why they allow the 2 year time frame to contest your application in the even you omit important info.

Congrats on being sober; keep up the good work.

MiamiPrep · Oct 4, 2009, 07:34 PM

Originally Posted by nikosmom

Also, they were probably privy to the misrepresentation in your application because there is a Board that allows insurers to fact-check. They may not catch every single thing, so that's why they allow the 2 year time frame to contest your application in the even you omit important info.

Congrats on being sober; keep up the good work.

Well, I actually checked my MIB report twice past 10 years or so and shows nothing.