Legal Question in Insurance Law in California

Continued insurance for mother with cancer
We just found out my mother has lung cancer which matastisized on the bone (she has a bone tumor). She is employed and receives health insurance benefits. At present, she cannot work. Under FMLA, she will still get benefits for 12 weeks and COBRA provides insurance for another 18 months if she can't return to work. After that, what options does she have? It was my belief that once an insurance carrier started paying on an illness, she couldn't lose her insurance. We are very worried because she may not be able to go back to work and no insurance company will take her now that she has a terminal illness. What can she do?

Asked on 11/07/99, 12:11 am

Steven Murray Steven W. Murray, APC

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Re: Continued insurance for mother with cancer

There are no "simple" answers to this question.

You should start by looking at the precise language

of her insurance policy/group plan. Some policies

provide for "vested" benefits, but insurers have

changed to more restrictive language recently.

Your question is really premature because you do

not know if she will be cured or what further

medical treatment will be needed.

She should get copies of ALL pertinent documents now,

and that includes policies, brochures, certificates,

flyers, ads, letters, etc. And she should make

sure she stays on her employer's records (including

workers' compensation) as an employee as long as

possible. She can also inquire about a conversion

policy - get a copy to see what benefits might be

available.

Answered on 11/19/99, 8:38 pm

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