Surgery pushed back to dec 10th

Been having insurance issues there checking to see if my condition was prexisting was scheuled for oct 24 ,now there saying 90 days is there legal limit to research if its prexisiting which will bring it up to dec hopefully there let me know sooner ,I had my right styloid removed for eagles syndrome 2 years ago and just got this insurance 3 months ago my eagles surgery didnt make me feel 100 better thought I had to live with what i still felt but saw a brain surgeon who diagnoised me with gpn on the same right side in sept hopefully since I didnt know I had this, it wont be considered pre existing been dealing with doctors for 12 years now ,so close to getting fixed and this insurance thing pops up ugh

How awful! If they decide it was preexisting how long would you have to wait?

Not sure what would happen if they decide it is, think I would need to get a lawyer