Spouse's illness not issue in job search

Q: Through my employer, I carry health insurance for myself and my husband, who is self-employed and has heart disease and diabetes. How would my husband's condition affect my ability to find another job and coverage for him? I am worried that a company might not want to cover his pre-existing condition. I am also concerned that his health problems and the idea of providing insurance for them might make me less desirable to an employer.

A: To answer your concerns, I enlisted the help of a benefits expert and an employment lawyer. You may not need to worry about his pre-existing health conditions. As long as an individual in New York State who is seeking new medical benefits has coverage stretching back at least 12 continuous months, the person cannot be denied medical insurance because of a pre-existing condition, said Susan Sajiun-Fitzharris, vice president of employee benefits at United Benefit Consulting, a Smithtown, N.Y., company and division of Hub International in Chicago.

The previous coverage has to be "credible," she said, meaning it meets the general standards of the insurance industry. More on that later.

So what is considered a pre-existing condition? A condition for which an individual received medical or surgical treatment or advice within six months before the new coverage began, she said. A pre-existing condition is also one that produces symptoms that would have caused an "ordinarily prudent person" to seek medical or surgical treatment or advice, she said. Again the six-month rule applies.

She notes Social Security disability payments are considered "credible" medical coverage, and someone meeting the criteria above need not worry about being disqualified for pre-existing conditions. However, workers' compensation is not considered "credible prior coverage," she said.

Here's some legal insight that also will help allay your concerns. "There is no legitimate reason that your spouse's health condition should arise as a topic during the interview process," said Ellen Storch, an employment attorney at Moritt Hock Hamroff & Horowitz in Garden City, N.J.

If a prospective employer asks about the health status of your spouse and refused to hire you based on your spouse's disability, the company could be courting a lawsuit.