In a second case, an insured was denied coverage for the medical bills associated with a retinal detachment. The carrier based the decision on the fact that the medical problems leading to the detachment constituted a pre-existing condition. The carrier was found responsible for the bills based on the theory that the condition was unknown to all of the parties at the time the policy was entered into. New Jersey has begun to address the issue in two statutes. This statute refers to discrimination in the work place and areas other than in the availability of health insurance.
Every genetic abnormality constitutes a pre-existing condition.
The prevalent fear in the medical community is that affected individuals will be denied medical insurance. The absence of reported cases today does not mean that the problem does not currently exist or that it will not be present in the future, only that there are no reported cases. Copyright 1997 New Jersey Law Journal. Reprinted with permission.