Can my employer take money out of my check for cancelled insurance?

[natmot]

What is the name of your state? Missouri
I took maternity leave in March. In May my employer cancelledmy insurance. I have a rejected claim from the HMO and my pediatrician, but not the termination letter. However, I do have documentation from the HMO stating the termination date being 5/1/02. I returned to work on 9/15/02 and half of my paycheck was missing for insurance premiums from 4/1/02-9/30/02 and my employer said they wanted $800 for the total cost of insurance during that time. They called the HMO and changed the termination date from 5/1 to 9/30 on 10/22/02. They stated that the termination of benefits was an accident and I should have been covered. At that time, since my insurance was terminated I signed up for insurance through my husband's employer. Do they have the right to change the dates and take money out of my check for their mistake and coverage I never received? They told me to refile the single claim (for $60) and that way I will have been covered.

 

[cbg]

If the health insurance is under a Section 125 plan (and there's a very good chance that it is) then legally they can only add or drop coverage at certain times and under certain events. If they legitimately made a mistake in cancelling your coverage, then under the 125 they MUST reinstate it. The coverage then is in effect as if it were always there, and you can submit any claims that took place in that period.

Even if it isn't a 125 plan, there still may be restrictions set by the carrier when they can drop people or add people.

In any case, as it was their mistake it would be nice of them to waive your portion of the premium but they are not legally obligated to do so.