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My health insurance was cancelled for a year and a half because of an error on the insurance company, have I been covered?

Las Vegas, NV |

I have had deductions from my paycheck the entire time, but have received no coverage for a year and a half. The insurance company never included me on a combined bill that the company switched to starting in 17 month ago, so I am assuming that they never received any payments since they stopped sending a bill. I never received a cobra packet or any other indication that my insurance had been cancelled. I just found out when I went to schedule a doctors appointment.

From what I understand, the insurance company stopped billing my employer for my policy (fault of insurance company) and no one at my company saw that this was happening (fault of my employer). So the accounting department continued the normal deductions from my paycheck without realizing that HR had not been receiving or paying a bill for my plan.

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Attorney answers 3


Without knowing specific details, I can only provide a couple of general observations: (1) If the insurer received the premiums from you or your employer, then in most jurisdictions there is coverage by estoppel; and (2) insurance is regulated so that the insurer must comply with the applicable regulations in order to effectively cancel a policy or coverage for an individual under a plan. My first stop would be your boss or employer's human resources office. If your money was taken and no one can straighten it out in HR, you may want to seek advice from a lawyer.


In some form or another, you likely have protection--possibilities include that you are covered by the company, and that you are covered by your employer.

If you can be added back, the easiest solution is probably that your employer puts you back on, and the company agrees to make it retroactive and collect the premiums.

If that can't be done, your employer should likely be covering the cost over your supposed copay.

And if that doesn't work, and you have significant bills, you should see a lawyer--but that's the last resort, not a starting point.

Stuart Lewis Peacock

Stuart Lewis Peacock


I might change one bit of advice. If you never had a health claim for 17 months, ask your employer to get you added prospectively and to give you the amounts withheld from your paychecks. Congratulations on being healthy and enjoy a nice trip somewhere!


Mr, Hawkins is spot on. His advice is exactly what I would advise. I would do everything in writing so you have a paper trail.

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