What health insurance rights do unemployed people have?
My husband along with a few other people were recently laid off due to lack of work. At the time, he was told by his two supervisors that they would keep him insured for as long as possible. This was on Feb 2. My husband took his things out of his desk not knowing how long he would be gone, and also asked if he could go ahead and have his vacation time because he needed to look for a job since we can’t live on unemployment. He never said he wouldn’t come back when they called. So a few weeks later my husband was injured. It required a 2 day stay at the hospital, and at the time, the hospital said we were covered and we figured we were since it had only been a couple weeks since the layoff. A week later when filling a prescription, we find out our insurance had been cut off. They never told us. Husband called employer and they said “we cut you off on Feb 5, we thought you were quitting”, even though they never argued his unemployment and he never said he was quitting. They also didn’t inform us of state continuation coverage, which we found out about on our own, and were able to pay the premium on the last day we were eligible. Now we’re stuck paying a very high deductible, because the company changed the health plan, and offered to pay all costs over $500 for employees. Does that no longer apply to us? They think it does not. Also we haven’t been able to contact the others laid off, to find out when they were cut off from health insurance. We think he might have been singled out, but don’t know for sure. If he has been…is there anything in all of this we could sue for? WE live in Missouri, and I would call a lawyer, but since we’ve been unemployed for a month now, and they said it could be another 4 weeks before we see any money, we have no money.
His company has less than 20 employees so he is not eligible for cobra. We paid the premium for state continuation coverage, which we discovered after our own research. His company didn’t even know it existed, so they didn’t send a notice. I’m hoping they can get in trouble for this. We’re both looking for jobs. Every factory in this small town is shutting down. Unless you are a nurse of some kind, it’s hard to find work. I have another year of school before I get my AA, so hopefully I can at least start subing then, if we don’t go under and I can’t finish school.
Ed J posted: 07 Aug at 10:23 am
N O N E, other than C.O.B.R.A., and if you can not afford the premiums, then you are in trouble. The bill collectors do not forget, nor do they care what your financial plight, or political persuasion is.
~Goosey~ posted: 07 Aug at 11:08 am
None at all unless you pay for COBRA which his company would offer. This coverage usually runs around 300+ a month for more then one person. And, you are married and at least one of you are able medical to work so you would not get Welfare (medicaid). Meaning, he is married to you, who can work therefore he will not be eligible.
You are married to him, able to work and are not a unwed young mother to be, therefore you are not qualified. So, one of you needs to find a new job with benefits. Have a Doctor certify your husband is disabled and can never gainfully work again (he would get SSI and Medicaid), or, purchase private medical insurance, which is pricey and they will fight you on every claim as pre-existing, or you may not be “healthy” enough to get it anyhow.
Welcome to America
jslinderml posted: 07 Aug at 11:21 am
They are generally required to notify you of termination of coverage and Cobra availability, If they didn’t there are various federal civil penalties that can be applied.
Once laid off, per Cobra you are responsible for all insurance premiums, even those previously paid by the employer. In general, this must be the prevailing plan in place for all employees, so if they change the plan those changes may apply to you.
In general, an employer has 14 days to mail a COBRA notification, If it can be proven they didn’t, penalties can be up to $200 per day plus incurred costs and legal fees. You might be able to find a lawyer to take the case on a contingency basis if you are certain they did not send out proper notification.