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

Ensuring Your Health Insurance Rights After Employment Ends: A Personal Update

Navigating the complexities of health insurance coverage after leaving a job can be challenging, especially when corporate obligations aren’t met promptly. Here’s an update on a situation I encountered a few years ago that highlights the importance of understanding your rights and options when dealing with employer-sponsored health plans.

Background Context

Since 2020, I have not been employed by my previous employer, yet they continued to maintain my health insurance under their employer-sponsored plan. Despite my repeated attempts to have my coverage canceled, I was ignored, leaving me in a frustrating limbo. Fortunately, I’ve maintained continuous Medicaid coverage during this period, which now acts as my primary health coverage, with the employer’s plan moving to secondary status. Still, the ongoing issues with the employer’s oversight have been an administrative headache.

Recent Developments

Recently, I received official correspondence from my former employer indicating that my health insurance had been officially terminated about six months earlier, in fall 2024. The letter also clarified that I was eligible for COBRA continuation coverage starting from the termination date. This was a positive step, but it also meant I had to address the billing issues arising from the past coverage period.

Impact on Healthcare Providers and Billing

Following the termination notice, I started receiving notices from healthcare providers stating that their claims had been withdrawn—some too old for them to resubmit to Medicaid (MassHealth). Thankfully, providers who accept Medicaid cannot bill recipients directly, mitigating personal financial risk. However, private practices and community health clinics that rely on timely reimbursement are left in uncertain territory, especially when bills are written off due to billing delays.

Legal Intervention and Resolution

To navigate these complications, I reached out to a nonprofit healthcare legal organization. They confirmed that, generally, health insurance cannot be canceled retroactively unless specific, limited circumstances apply—such as fraud—which do not pertain here. Moreover, they identified non-compliance on the part of my former employer for failing to notify me promptly about my COBRA rights upon termination. Instead, they sent a note six months ago indicating my eligibility, by which time applying was no longer feasible.

My legal team is now actively managing the situation, working to ensure that healthcare providers are compensated for services rendered during the coverage gap and exploring potential damages for the employer’s failure to adhere to COBRA notification requirements.

Key Takeaways

  • Employers must notify former employees about COBRA options promptly upon employment termination.
  • Retroactive cancellation of

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