Legal Question in Employment Law in California

Former Employer & Medical Insurance Termination

When I worked for my former employer, I had full medical & dental benefits, then I quit working in March but was not sure when my benefits would expire. In the beginning of April I got a kidney infection, so I called before I went to the doctor to confirm I still had my medical insurance. I was told it was still active and that my visit would be covered. However at the end of April I received a letter from the insurance company stating my coverage had been terminated on April 1st. Then I received a bill in July for $180 for my doctor visit that I went to in April. When I called the insurance company they told me the former employer has up to 60 days to contact them & let them know what date my coverage ended & that I was to pay the bill was due in full. However I had no way of knowing I didn't have insurance since when I called to visit the doctor they told me I did have insurance & it would be covered. Do I have to pay this bill? Is it the responsibility of my former employer? Or what legal action can I take to dispute this bill? Also I didn't get the bill until July and it said I must pay in full of they will send me to a collection agency & there is nothing I can do about it. Please help, I appreciate any information you have.


Asked on 8/05/04, 7:35 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Former Employer & Medical Insurance Termination

Depending on the size of your former employer you should have been given a COBRA or Cal-COBRA notice which would detail your rights to continue coverage at your own cost. If the employer failed to give notice you may have a claim. You may want to contact the employer, complain about not getting notice and demand that you be allowed to continue your coverage. You will be required to pay the cost of coverage, probably from April 1 to the present, but if the bill is significant, this would be a better alternative than paying the bill.

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Answered on 8/13/04, 12:45 pm


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