insurance benefit cancelled
Dallas, TX
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Posted 11 months ago in Employee Benefits
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can an employer revoke or allow employee health insurance coverage to lapse without notifying employee(s) and at least offering employee(s) the option of enrolling in cobra?
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Answers (1)Daniel Nicholas Janich
This attorney is licensed in Illinois.
Posted 10 months ago.
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What is not clear from your question is whether your employer's health coverage terminated for all employees or just for you. Assuming that the question pertains only to an individual loss of coverage, what were the reasons why your coverage terminated? When did it terminate -- while you were still employed with the company or after you terminated your employment? Were you required to pay any portion of the monthly premiums for your health coverage while you were employed? If so, did you pay premiums for coverage that was not provided to you and/or your family? If you were misled into believing you had health coverage during your employment when, in fact, you did not, you may be able to assert a liability claim against your employer that is based upon the amount of any health care costs you incurred and paid out of pocket which would otherwise have been covered by your health plan had your coverage not been improperly terminated.
Assuming that your employer was not exempt from providing COBRA coverage as a small employer, COBRA is required to be offered when one or more specific triggering events occur, for example, such as a loss of employment or significant reduction in hours of employment. If you were no longer covered by your health plan when a COBRA triggering event occurred (due to some failure on your part rather than because you were misled as to your coverage during your employment), there would be no obligation to extend to you any COBRA coverage. Employees who are offered COBRA coverage are generally required to pay 102% of the premium for monthly coverage. If you were offered COBRA and did not pay the premium on time or in full, the employer (and insurer) would have no further obligation to provide you with health coverage. If your employer had dropped health coverage altogether for all employees (and is not affiliated with another company that is still providing health coverage to its own employees), there would be no obligation to offer you or any other employee with COBRA coverage. Unfortunately, there just are not enough facts given in your question to provide you with an adequate and full response to your inquiry. |