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Should companies be allowed to use your family health records to determine your coverage and rates? |
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Life insurance? |
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Meg L | My husband had health insurance through his company. His company just dropped him from their health insurance |
His company just dropped him from their insurance coverage, and never told him. They never sent him a letter regarding COBRA coverage. Is this legal? BTW, we live in FL.
We just got a letter from his health insurance company today stating he is not longer covered. My husband is out of work on Worker's comp.
Please help. |
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sarah314
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First of all, is your husband's company obligated to provide COBRA? As others have mentioned, not all employers fall under COBRA requirements.
If your husband's company is required to offer COBRA, frankly I'd be quite surprised if a notice wasn't sent to you. Your husband should be able to confirm with the human resources person at his former employer to confirm whether or not he's COBRA eligible.
As far as getting dropped from the insurance...have you guys been paying the premiums? The employer isn't obligated to pay the premiums on your family's behalf if your husband isn't actively working. If you haven't been paying premiums, then that would explain the cancellation.
If you find out that your husband should have been eligible for COBRA or if you were paying insurance premiums out of your pocket but got canceled anyhow, I'd contact an attorney. |
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Expert Realtor
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Sorry sweetie, your husband didn't lose his insurance without the insurance company telling him...that may be what he's telling you, but the law requires notification, so yeah, he got it.
COBRA coverage paperwork is required in the event of termination of employment and must be sent within 30 days of termination date, and can be activated up to 60 days of the termination date, and the coverage is retroactive to the last date covered.
COBRA will go on for up to 18 months.
I think your husband is pulling a fast one with you....COBRA is expensive, and he is probably telling you they didn't send him anything b/c you can't pay the high premiums, but there is NO WAY that I believe that you missed TWO very legally required notifications.
If your husband is out of work, then THAT was his notice that he was going to lose his insurance....what did they think the employer was going to do? Continue to pay it?
You and your husband need to have a serious talk.
PS: Is there a reason why YOU can't get a job and work to get health insurance? |
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Kurt W
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They most likely dropped him for non payment of premiun. Yes they can. By the way, your husband does not have a "company". He is no longer employed there. |
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free322001
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you'd have to ask an attorney about "legal" and "legal" may have to be decided in court, but usually insurance companies (if it is a big one) do only what they can get away with legally.
cobra will continue your insurance, if you pay it, for a number of months (i forget how many) to allow your husband to be covered while he looks for another job. |
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Don Drapers woman
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Companies have no obligation to pay for and keep a job for an employee that is out on work comp. They have every right to replace the position. So your husband better get back to work ASAP, as most companies are not impressed when their employees are out of work on work comp for more than, say 2 weeks, even if the off work is justified. He may not have a job to go back to, so he should verify that. If there is anyway he can get released to regular work, he can always see if his job is available, otherwise, he will need to look elsewhere. If his company is a small one, he may very well have been let go from his job and there are no COBRA benefts as the company does not have to comply. |
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Tom Z
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It appears that your husband's employment was terminated due to his disabilty. Continuation of health benefits required by COBRA does not apply if the employer has less than 20 employees.
If COBRA does apply he should have been notified in writing of his option to continue coverage for 18 months (Note: The usual period of 18 months may be extended to 29 months if the employee is "disabled" as defined by the Social Security Act.) |
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src50
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When out on "out on workers' comp" temporarily, the employee must pay to continue the employer group medical insurance - the company isn't going to pay if he's not working.
If he is permanently "out on workers' comp", it would naturally terminate along with his employement status. |
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mbrcatz
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Well, is he ELIGIBLE for COBRA coverage? Small employers are exempt from the COBRA laws. If he's eligible, they have 60 days to offer him coverage via cobra.
Yes, if he's no longer working - even if he's out on workers comp - they do not have to provide him health benefits. If he's been terminated, they CAN'T keep him on their regular group coverage, even though the workers comp claim stays open. Even if they keep him on the plan, if he's not terminated - he still has to continue paying HIS SHARE of the health insurance costs - even if he's not getting a paycheck for the deductions to come from.
I'm not seeing anything illegal here from what you've described. |
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Mumbles
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I do not believe your husband is pulling a fast one like so many people have stated. My husband's company laid him off due to closing September 12, 2007. His severance pay was them paying 1 month of cobra, which mean we had coverage until October 12, 2007. We did receive a letter tell us that from his employer. The next letter we received from his former employee came 12/07/2007 stating Cobra coverage had been canceled for non-payment effective October 12, 2007. We never received anything directly from Cobra, not a bill zip! |
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marie
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My husband left his job 6 months ago and we have been covered under COBRA since.. This past month his company informed him due to corporate downsizing that they are doing away with the health plan and that we will no longer be eligible for COBRA. Can they legally do this? |
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