Jason, age 25, graduated from college and accepted a job as an accountant with a large employer. The com- pany is subject to the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The em- ployer's group health insurance plan contains a provi- sion that excludes preexisting conditions for 12 months. Jason had major surgery three months before he was hired in which a malignant tumor was removed from his lung. The surgeon explained that the risk of new tumors developing, although slight, was possible. Based on the preceding information, answer the following questions.

a. Six months after he was hired, Jason had surgery to have another malignant tumor removed from his lung. Does the group health insurance plan have to pay for the surgery? Explain your answer.

b. Would your answer to

(a) above change if the sec- ond surgical operation occurred 18 months after Jason was hired? Explain your answer.

c. After working for the company for two years, Jason lost his job when his company merged with another firm. After six weeks, Jason found another job as an accountant. Jason enrolled in the new employer's group health insurance plan, which also excludes preexisting conditions for 12 months. The new employer is also subject to HIPAA. Assume that Jason must have his lungs x-rayed to detect any new tumors. Can the new group health insur- ance plan exclude coverage of the medical condi- tion? Explain your answer.