Pre-Existing Condition Clauses of Health Insurance

The American with Disability Act does not affect pre-existing condition clauses included in health insurance policies. Employers may continue to maintain insurance policies that contain pre-existing condition exclusions even if they have an adverse affect upon individuals with disabilities. A pre-existing condition clause, however, may not be used to exclude employees with disabilities from insurance coverage altogether. While an individual with a pre-existing condition may be denied group health insurance coverage for that condition for the period specified in the policy, the person could not be denied coverage for illness or injuries unrelated to the pre-existing condition.