Contract between my new company and dental plan. My sons orthodontia won't be covered due to braces already on.  Aren't "preexisting conditions" clauses illegal now?

Question Details:

I am a new employee. My son has his braces on already & is halfway thru treatment. Contract between my new company & their dental plan irrevocably states that they do not cover orthodontia once the braces are on. How can that be legal? Orthodontia is deemed covered by insurance so it is standard healthcare and therefore not "cosmetic" how can this be done? They do this by utilizing the "pre-existing" clause that is no longer allowable for insurance plans to use to get out of paying for people's health care & have offered it as an option for the company in which they took. What are my options?Thank U

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