Laws Related to Healthcare

Affordable Care Act
The current law governing all individual and group insurance plans (with a few exceptions)provides several rules important to cancer patients. First and foremost, the Affordable Care Act (ACA) protects your right to obtain coverage despite pre-existing conditions, and companies cannot cancel an existing policy after a person is diagnosed. The ACA also removes lifetime caps or coverage limits. This is crucial for many rare disease cancer patients, especially those with slow-growing disease, who may live a long time and require regular monitoring and costly treatments. Additionally, plans now provide coverage of routine costs while participating in clinical trials.

Family and Medical Leave Act and Other Employment Protections
The Family and Medical Leave Act (FMLA) is a federal program that provides leave protections for patients and family (caregivers). Depending on your circumstances, you may need to research employment protections and laws pertaining to people with cancer and/or their families. These programs are governed by both state and federal statute so what is available to you will depend on where you live. Information about state laws may be found at the Triage Cancer website.

COBRA
Your cancer may lead to a loss of employment. If you resign, get laid off or are let go by your employer, under federal law you are entitled to benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Rules vary from state to state as to the length of time you can carry COBRA coverage. COBRA plans are available for a fixed number of years and match your employer’s coverage; once that period is over, you will be offered a “guaranteed issue plan” if you have not already purchased other insurance.