Legal Question in Medical Malpractice in Puerto Rico

Denial of medical insurance coverage

I am resident of San Juan, Puerto Rico. A month ago, I solicited individual medical coverage with a mayor medical health provider. I had this insurance coverage before while employed with another company (group coverage). They requested forms to be completed by doctors who has diagnosed previous conditions. All of which have been non-reocurrent. Prognosis good. However I was denied coverage due to these previous conditions; these of which were lithiasis (supposely a kidney stone), depression (therapy during divorce/presently recovered, and fibromialgia (related with the depression). Visits were during years 1999 thru 2000. Was i informed correctly by a doctor, that Discrimination Law 408 of October 2000, protects the individual from being denied medical coverage due to past conditions? Thank you.


Asked on 3/26/02, 4:50 pm

1 Answer from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Denial of medical insurance coverage

Your question was:

Was i informed correctly by a doctor, that Discrimination Law 408 of October 2000, protects the individual from being denied medical coverage due to past conditions?

You must first know that the doctor is not a law expert and although he does have some knowledge of insurance coverage, there is very little he will know about the intricacies of insurance coverage law. So if your question is aimed at establishing his liability as counsel the answer is NO.

There's some authority to backup your claim, however the Insurance Commissioner's Office will operate as a more effective counsel as expertise is considerably needed.

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Answered on 3/28/02, 7:51 am


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