Which statement about waivers of pre-existing conditions is correct?

• A. This is acceptable
• B. This is not acceptable
• C. This is not enforceable
• D. This is against public policy

Answer: (C)

The statement tests the enforceability of waivers that try to exclude or limit coverage for pre-existing medical conditions. In modern health coverage, protections against excluding pre-existing conditions are strong: federal and state rules, including ERISA-governed and ACA-related protections, prevent plans from waiving or enforcing exclusions for conditions that existed before joining the plan. Because of that, any attempt to contract around those protections—i.e., a waiver of pre-existing conditions—can’t be enforced in court. The practical effect is that such a waiver is not enforceable. Saying it’s acceptable would ignore the legal protections, and saying it’s against public policy is true in a sense, but the precise, actionable conclusion is that the waiver cannot be enforced. This ensures that individuals receive coverage for pre-existing conditions regardless of any written waiver.