HIPAA Eligibility

The Health Insurance Portability and Accountability Act (HIPAA) requires health insurance companies to offer coverage to employees who have used up their coverage under COBRA. However, applicants must meet certain eligibility requirements, according to the My Health Insurance Advisor website.

COBRA Coverage

• A HIPAA applicant must have an 18-month history of steady COBRA coverage. Any applicant offered the option of COBRA must exhaust that coverage before applying for HIPAA coverage. HIPAA allows applicants a gap of no more than 63 days in their previous COBRA participation.

Other Coverages

• An applicant who has health insurance coverage under Medicaid, Medicare or another health policy, or who would otherwise qualify for Medicaid or Medicare, cannot receive HIPAA coverage. The applicant's last coverage must have come from a government, church or other group-based plan.

Application

• HIPAA applicants must wait no more than 63 days after their COBRA coverage runs out to apply for HIPAA coverage if they wish to remain eligible. The documentation must contain both a statement of HIPAA eligibility and a health application.