health insurance

[tra]

My employer allowed our health insurance to expire the 1st of November ( for the second time in 3 months, was reinstated the previous time). They havve continued to deduct premiums from paycheck although as of this time we still do not have insurance. I have a child that incurred approximately $70,000 in medical bills during the first week of November. I did not get notification of the cancellation until December 2nd. They are trying to get policy reinstated but looks doubtful. Is there any legal recourse that I may have to get someone to pay on these medical bills , because I was paying for health insurance? I am in Kentucky.

[Edited by tra on 12-19-2000 at 12:10 AM]

 

[ALawyer]

Write to the Kentucky Department of Insurance -- the commissioner (who just announced he would be leaving) is terrific, as is his Deputy, Brian Staples. And also write to the KY Labor Department, and also to the US Department of Labor as the plan likely is aslo covered by ERISA.

They might be able to do something on your behalf; if not you would have a claim against your employer for failing to provide the benefits that were part and parcel of your terms and conditions of employment. However, realistically, if the employer did not have enough money to pay the insurance premium, it may not have enough to satisfy any judgment you may eventually collect against it....

One more thing -- most hospitals, doctors and other health care providers have agreeements in place to DRAMATICALLY reduce bills paid for by private insurance and Blue Cross (such as Anthem's) plans in exchange for being a preferred provider. For example, what might be regularly billed as a $2,5000 fee for the operating room to people who walk in off the street might be paid for by the insurer at what was an agreed rate (between the hospital and insurer) of only $875. That's all you should have to pay too. Most capable lawyers could get at least that reduction for you.