Update to my post a couple years ago re: former employer won’t cancel health insurance

Title: Navigating Unresolved Employer-Sponsored Health Insurance After Employment Termination

Understanding Your Rights When Your Former Employer Fails to Cancel Your Health Coverage

In today’s post, I want to share an experience that highlights the importance of understanding your rights regarding employer-sponsored health insurance, especially when an employer neglects to cancel coverage after employment ends.

The Situation

A few months ago, I received official correspondence indicating that my health insurance through my previous employer had been terminated approximately six months prior. According to the notice, I was now eligible for COBRA continuation coverage as of that termination date. Despite this, my former employer had not taken steps to formally revoke my coverage or notify me promptly about my options.

The Consequences

Following the employer’s oversight, I began to receive notices from healthcare providers revealing that they had attempted to bill my insurance, only to have the claims clawed back. Many of these bills were too old to rebill to Medicaid, which is my primary coverage, and thus created a confusing situation. Fortunately, providers who accept Medicaid cannot bill Medicaid recipients directly, preventing me from being personally liable for these charges. Nonetheless, the situation posed a significant administrative challenge and risk for the providers involved.

Legal Insights

Seeking guidance, I contacted a nonprofit healthcare law firm. Their assessment confirmed that, barring extraordinary circumstances like fraud, insurance coverage cannot be retroactively terminated. They explained that my employer’s failure to notify me promptly about COBRA eligibility violates federal regulations, which require timely communication upon employment termination.

Next Steps

My legal team is now actively working on resolving the issue. They aim to ensure that providers are properly compensated, and they are exploring the possibility of obtaining damages due to the employer’s non-compliance with COBRA notification requirements. Their involvement is instrumental in safeguarding my rights and minimizing any financial repercussions.

Key Takeaways

  • Always verify the status of your health coverage after leaving a job.
  • Employers are legally required to notify you about COBRA options in a timely manner.
  • If you encounter issues with uncancelled coverage, consult healthcare legal experts to understand your rights and options.
  • Keep thorough records of all communications related to insurance and employment termination.

Conclusion

This experience underscores the importance of proactive steps when dealing with employer-sponsored health insurance, especially in complicated situations where the employer’s actions are less than transparent. If you find yourself in a similar situation, remember that legal resources are available to help you assert your rights and ensure you receive the coverage and compensation you deserve.

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