Can medical insurance be rejected Can medical insurance be rejected

8 months ago

Can medical insurance be rejected for non disclosure of HIV but the patient died in hospital for brain stroke.

Legal Counsel Vidhikarya

Responded 8 months ago

View All Answers
A.Dear Client,
Pre Existing Diseases (PED) are covered after completion of a lock-in period that varies depending upon the nature and category of diseases from 24 months to 48 months from the inception of the Health Insurance Policy that is renewed continuously for the lock-in period and thereafter. Insurers cannot refuse to sell you a plan or charge you more just because you have a pre-existing condition such as HIV, cancer, or even asthma. The few insurers provide coverage only to such persons who are already suffering from HIV. In case of the detection of this dreaded disease after a certain period (generally 90 days after the inception of the policy), the coverage ceases to exist and the benefits are withdrawn for non-disclosure of the disease at the time of inception of the policy. Even, non-disclosure of material facts can lead to cancellation of the policy. Material facts are important information that one must not miss to reveal to the insurer as it can influence the insurance company's decision of whether or not to issue the policy. Health insurance companies will not be able to reject your claims if you have continuously been covered for at least eight years. As per IRDA's circular, these norms will be applicable to products filed after 1 October 2019. For existing health contracts, the new rules will come into effect from 1 October 2020. “The health policy would be incontestable except for proven fraud or any permanent exclusions. You may escalate your grievance against the repudiation of the claim by the Insurance Company before the Insurance Ombudsman for redressal failing which you may file a complaint before the Consumer Court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

View All Answers
A.Dear client,
Based on positive HIV and AIDS-related information insurers may deny an individual policy to an affected applicant.
Insurers may use a preexisting condition exclusion to deny HIV or AIDS-related care but only for a maximum period of 12 months.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRegarding insurance claim rejection
Dear client, withour directly resorting to the complaint on the insurance company try to re-inititate the claim process and talk to them and submit the required documents. Even then if there is no cla...
question iconHospital avoiding cashless treatment
Dear Client, In the given situation, bring the matter to the notice of the Grievance Cell of the concerned Insurance Company endorsing a copy to the insurance regulatory authority, IRDIA. In case, no...
question iconMedical Insurance cancelled after 3 years
Dear Client, Pre-existing diseases (PED) are mostly expensive to treat as they are chronic in nature. Unfortunately, most health insurance plans cover pre-existing diseases after a waiting period of 2...
question iconLegal Liability for Helper Covered If Death occurs by Gun Firing
Dear Sir, The copy of FIR and terms of life insurance policy are to be read minutely to answer your question.
question iconReview of award by Insurance Ombudsman
Dear Sir, You may approach Consumer Forum or High Court for getting justice in many cases same formula being used.