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Summary of differences between federal and state regulations
Federal HIPAA portability provisions limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances.
States are allowed to go beyond the federal requirements. Michigan has some of its own laws on health insurance portability and accountability, such as if existing group disability coverage is replaced by a group disability insurance policy or certificate with a preexisting condition limitation and insuring 10 or more employees, coverage in the replacement policy or certificate applicable to the preexisting condition limitation for an individual who had been covered for that condition by the replaced coverage shall be not less than the lesser of the following:
(a) The coverage of the replacement policy or certificate without application of the preexisting condition limitation.
(b) The benefits of the replaced group disability coverage until the individual's preexisting condition limitation expires under the replacement policy or certificate.
The provisions for excluding or limiting coverage for a condition generally follow federal requirements, as to crediting prior continuous health care coverage. §500.3406f
State
Contact
Office of Financial and Insurance Services
Regulations
Michigan Compiled Laws, The Insurance Code Of 1956, Act 218 of 1956,
Chapter 34, Disability Insurance Policies
Chapter 36, Group and Blanket Disability Insurance