Medical Benefits and Pre-Existing Conditions. Without limiting the application of Section 8.05, Purchaser shall (a) use reasonable best efforts to waive any limitation on medical coverage for Transferring Employees due to pre-existing conditions under the applicable Purchaser Benefit Plans to the extent such limitations were waived for Transferring Employees under the applicable Business Benefit Plans prior to the Closing and (b) to the extent Seller provides such information to Purchaser within 30 days following the Closing Date, credit fully, in the applicable Purchaser Benefit Plans, each Transferring Union Employee and Transferring Nonunion Employee with all deductible payments and other out-of-pocket payments paid by such Transferring Union Employee and Transferring Nonunion Employee under the Business Benefit Plans which provide medical benefits prior to the Closing during the year in which the Closing occurs for the purpose, as applicable, of determining the extent to which any Transferring Union Employee or Transferring Nonunion Employee has satisfied his or her deductible and out-of-pocket maximum under such Business Benefit Plans for such year. Each Party shall timely provide the other Party with such records and information as may be reasonably requested by the other Party in order to enable the Parties to effect the foregoing.
There are others available through a Google search. The Kaiser Family Foundation has compiled a list of the numbers of persons in each state estimated to be affected by the return of denials due to pre-existing conditions:
http://kff.org/health-reform/issue-brief/pre-existing-conditions-and-medical-underwriting-in-the-individual-insurance-market-prior-to-the-aca/
It's unclear what form the renewed pre-existing condition denial will take, but I don't think it's likely under this Congress that insurance companies will feel constrained to put too many limitations on their denials. That is to say, who's going to stop them?
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