I work at a major insurance company and I might be able to answer your question. With the new health care reform pre existing does not apply to anyone 19 and under, if the plan is grandfathered then it may apply so double check with the insurance company. For you and your husband they should be going off the hire date not the date you get the insurance. If the time between when he lost his job in July and when he is hired with his new job is less that 63 days you should be fine, as long as you have enough creditable coverage from your other policy. Most plans are 12 month for timely enrollee and 18 months for late, but again you would need to check with the insurance company. The hr department at the company should be able to help you or the insurance company maybe able to also.
If you do go over the 63 days the insurance will then establish if that was the first date of treatment for the condition you went to the provider for. (There is usually something that will flag their system based off the diagnois the provider bills on the claim.) They will ask for information from your provider t, also most plans have a look back period. Say you went to the doctor for back pain and the claim pends for pre ex and the provider said you were seen for back pain 12 months ago, if the plan has a 6 month look back that claim would not be pre ex. Also not all plans have a pre existing condition clause on there policies. If you know you are going to be going over the 63 days I would look into getting a short term policy. Most are inexpensive and they are fairly easy to get. Hope that helps.
Ditto all of this^.
This is a very confusing issue. My take on a few things (based on 16 years of benefits management experience):
1. COBRA is expensive (and employees should keep in mind that is what their employer pays every month for their policy), but with on-going medical conditions it may be cheaper than the alternative -- that is, paying out of pocket for your medical care.
2. If you purchase an individual policy, make sure it is creditable coverage (the agent/broker should be able to tell you) or it won't count to exempt you from pre-existing condition exclusions when you sign up with another group/employer-sponsored policy.
3. I respectfully disagree that most groups do not have pre-existing exclusions -- I've never had a policy that didn't. Maybe the person who shared that has been lucky, or maybe his/her state regulates such exclusions, but I believe most plans include it. The thing is, until you get your new insurance (hopefully this job pans out for you and it is soon!) you won't know until you see the new employer's plan.
4. disneymamato2 mentioned this above -- if you go more than 63 days without coverage then you may have pre-existing conditions excluded. That clock starts ticking the first day you are without coverage and stops on the first day of employment at the new job (not when your benefits become effective 2-3 months later). So, like intheworks mentioned, maybe you could get COBRA for just long enough to keep your lapse in coverage under that 63 day limit.
5. If your husband was at his job for less than 18 months, that
could come in to play as well, depending on how the new policy is written. As 3boymthr said, some of his dates of employment may give him credit to reduce his exclusion period; on the other hand, if he only had coverage for 6 months it may cause the exclusion to kick in (regardless of the 63 day rule).
6. Each policy is different. Just because two employers use the same insurance company does
not mean they are the same, or even similar. My husband and I both have MMO at our respective employers, but the policies are completely different.
7. I'm not sure if this is just me, or if it is very common, or if it is federal regulation, but my experience with COBRA has been that you
have to pick up the plan you had when you left your employer. You cannot just drop it from a family policy to an individual policy (except in other situations, none of which apply to what you're going through).
In any case, all this goes back to my original statement -- this is a very, very complicated issue. Maybe the best thing you could do would be to talk to an insurance agent/broker who you trust.
Sorry you're going through all this -- will send pixie dust and prayers that he gets the new job!