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

Title: Navigating Unresolved Employer-Sponsored Health Insurance: A Recent Update and Advice for Workers

In the world of employment benefits, one issue that can cause significant frustration is when a former employer fails to cancel health insurance coverage after employment ends. This situation not only creates administrative headaches but can also lead to potential billing complications and compliance concerns. Here’s an update based on a real-world case that highlights these challenges and offers guidance for others facing similar circumstances.

Background

A few years ago, I shared my experience with a former employer who refused to remove me from their employer-sponsored health insurance plan, despite having not worked there since 2020. Despite multiple attempts to communicate and request cancellation, the employer ignored these requests. Fortunately, I maintained continuous eligibility for Medicaid, which became the secondary payer once I had private insurance through my former employer. This arrangement kept me covered without direct out-of-pocket expenses, but the situation remained frustrating.

Recent Developments

Recently, I received notice from my former employer indicating that my health insurance coverage had been officially terminated as of approximately six months ago — in fall 2024. The letter also informed me of my eligibility to enroll in COBRA, the federal program allowing former employees to temporarily retain their health benefits.

Following this, I started receiving notices from healthcare providers informing me that payments had been reclaimed due to the employer’s administrative oversight. Many of these providers are community clinics and private practices that cannot bill Medicaid recipients directly, which caused a concern about unpaid bills. In one instance, I was billed for a small amount by a large hospital, which they may choose to write off if unable to collect.

Legal and Regulatory Insights

Understanding that such situations are complex, I sought assistance from a nonprofit healthcare law organization. Their review confirmed that employers generally cannot retroactively cancel insurance coverage, barring extraordinary circumstances such as fraud — none of which applied here.

Furthermore, the legal experts pointed out that the employer’s delay in notifying me of COBRA eligibility violates federal regulations. Ideally, employers are required to notify employees promptly when they become eligible for COBRA; in my case, I was erroneously told I had been eligible for six months, making it impossible to enroll retrospectively.

Current Actions and Next Steps

Thanks to the nonprofit legal team, I now have representation to address these issues. They are working to ensure that my healthcare providers are paid and are exploring whether I am entitled to any financial compensation due to the employer’s non-compliance with COBRA

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