With the job market and layoffs being they way they are I started thinking today, what if a person was on an ongoing medication for depression and then they lost their employer provided health insurance? Would the depression be considered a pre-existing condition by the new insurance company and thereby reject any perscription claims?
This depends on the new insurance - is it a group or individual plan? If the person transferred from one employer group plan to another employer group plan without a break in coverage longer than 63 days, pre-existing conditions couldn’t be excluded. COBRA and individual health plans can be used to maintain that continuity of coverage.
Individual plans have more flexibility to exclude pre-existing conditions, and the exact flexibility they have will be guided by state law.
Info from US Dept. of Labor here: http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html