Legal Question in Health Care Law in Iowa
Can an employer deny health care to you or your spouse due to a pre-existing condition?
Asked on 11/27/09, 10:02 am
1 Answer from Attorneys
Robert Luedeman
solo practitioner
I don't believe it is up to the employer unless they are self insured. That's a decision the insurance company gets to make. On the other hand, Iowa is a so called right to work state, and unless there is a contract of employment that guarantees you certain things, the employer can do pretty much anything they want. On the other hand, if the preexisting condition happens to be a disability, you might have some recourse there under the ADA.
Answered on 12/03/09, 8:58 am
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