Quote:
Originally Posted by jcsturgi Ok....here is the deal ....i am seeking legal advise on behalf of my parents(father) to see what legal options are available and what steps should be taken regarding this situation**************..a major coal company in southwest virginia has sent notice that they will be eliminating healthcare coverage & life insurance policies for 38 select coal miners listed as retired/diabled status effective sept 1 2009.
My father happens to be one of the 38 coal miners whom had devoted their lifes work to this company and suffered disablitiative injuries. His status on all company documentation is retired/diabled. He suffered a diabilitive back injury and has since had multiple heart complications as a result of his injury(massive heart attack)
none the less, i am sure he and his other fellow 37 coworkers were hand selected because they are considered high risk/high liability patients being covered under company policy**************..i am not stupid here**************high risk/high liability means extensive medical bills. my question is with healthcare reform being at the forefront of debate**************in the court of law...how has this company obtained the legal ruling to eliminate healthcare & life insurance policies for this select group of disabled/retired employees
i want to know if there is a case that can built here. Has has this ruling been obtained? ****************************......is this company not obligated till death to provide healthcare for a worker that was injured otb**************.how can this company also gain the legal rights to elimate life insurance polices as well****************************......please help us here with your advise!!!!!!!!! |
I'm not clear about your post, but I will generally comment. An employer may terminate a group health plan. Perod. End of story. They can. If that happened, sorry. If they do, no savior, current events nothwithstanding. Unless current events somehow grandfather the plan term. That's not happening to my knowledge. Current law, I mean today, allows that a health plan may not discriminate based upon a medical condition. It does allow differing coverage based upon an employment factor, such as being a retiree. It doesn't take a rocket scientist to deduce that elderly / retirees have more medical claims. But, the reg considers "similarly situated" participants. Active employees and retirees are not "similarly situated". And again, back to the original question, no employer is required to provide jack in terms of insurance. There are few, very few requirements of what that must cover IF an employer chooses to provide benefits.