pending case

[cornbreadmiller]

my wife had an accident and her employer is terminating her insurance after 12 weeks. will the insurance continue to pay on the existing case.if not how can she apply for cobra? ms.

 

[ALawyer]

I am sort of lost in this. Most employers do NOT terminate health insurance if someone has an accident.

To the extent she has incurred bills related to the accident by the date the policy is effectively terminated, she is entitled to have THOSE BILLS paid by the health insurance carrier, but if there are expenses after then -- even if related to the accident -- they would not be covered.

If the accidnet was the result of a car accident it likely would be e covered by the auto insurance policy. If the accident was at least partially someone else's fault, or the result of a defective product or condition, she should see a lawyer fast..

 

[cbg]

She will have to apply for COBRA in order for any bills after the last date of coverage to be paid. In 99.9% of cases the last day of coverage is either the last day of employment, or the last day of the month following termination. She should receive the information on how to apply automatically. (Depending on whether the company self-administers COBRA or uses a third party administrator, they have either 14 or 45 days from the last day of coverage to send the information.) When she receives the information, she has 60 days to make a final decision and 45 days from the day she makes the decision to send in payment - however, all payments due retroactively to the last day of coverage are due at that time, so the longer she waits the more she'll have to pay all at once. It is perfectly legal for them to terminate coverage until they receive her signed application AND her payment - coverage will be reinstated retroactively at that time.