Question
In Virginia.
I left one company on June 1st, they cancelled my insurance immediately. They probably only had 10 people on the policy tops. I started my new job on June 1st. I didn't know it but the insurance didn't kick in until July 1st. In the month of June my 7year old was playing with little starter caps that he found at a friend's house. They were only blanks but he managed to hit one with a screw driver that impaled a tiny little slither into his side. I took him to the ER and now have a bill of $4000. Is there anything I can do?
Thanks.
Answer
In Virginia.
I left one company on June 1st, they cancelled my insurance immediately. They probably only had 10 people on the policy tops. I started my new job on June 1st. I didn't know it but the insurance didn't kick in until July 1st. In the month of June my 7year old was playing with little starter caps that he found at a friend's house. They were only blanks but he managed to hit one with a screw driver that impaled a tiny little slither into his side. I took him to the ER and now have a bill of $4000. Is there anything I can do?
Thanks.
I wonder if the friend's parents homeowner's liability ins. would cover the medical bills - you might check. The starter caps were apparently left out where your son could find them.
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also you may want to give the hospital and ER Doctor's group a call and explain that you were uninsured at the time of service.....they may discount their fees depending upon how quickly you pay them.....if not they'll set up a payment plan with you...good luck
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By law, each company has to offer you COBRA for 18 months after you leave.
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By law, each company has to offer you COBRA for 18 months after you leave.
Well, your answer would be correct if the employer had 20 or more employees. However, since OP stated that the employer had AT THE MOST 10 employees, your answer is incorrect.
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However, Virginia law requires that all employers regardless of size must offer 90 days continuation of coverage to any employee who was covered for the previous three months prior to termination.
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However, Virginia law requires that all employers regardless of size must offer 90 days continuation of coverage to any employee who was covered for the previous three months prior to termination.
cbg, I was on the VA website, and it only said what I stated above.
edited to add: The OP didn't realize that his new coverage didn't kick in. He would have had to apply for the continuation of insurance by the 31st day, in order for him to have continued coverage. There is nothing that he can do now right?
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My source is a little out of date, but not much. The state laws in question are VA Code Ann. 38-2-3541 to 38.2-3452 and 38.2-3416. I'm having trouble loading the link but will do so when I can get it functioning properly.
According to my source, the employer has an affirmative duty to notify the employee within 15 days from the termination of coverage, so the poster MAY have a complaint IF that did not happen. However, if the employer gave him the notification, and he disregarded it because he thought his new insurance would be starting immediately, I agree he's out of luck.
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My source is a little out of date, but not much. The state laws in question are VA Code Ann. 38-2-3541 to 38.2-3452 and 38.2-3416. I'm having trouble loading the link but will do so when I can get it functioning properly.
According to my source, the employer has an affirmative duty to notify the employee within 15 days from the termination of coverage, so the poster MAY have a complaint IF that did not happen. However, if the employer gave him the notification, and he disregarded it because he thought his new insurance would be starting immediately, I agree he's out of luck.
You're right, they do have to offer the coverage. There isn't much to go by from the post, on whether or not this occurred! Thanks!
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My source is a little out of date, but not much. The state laws in question are VA Code Ann. 38-2-3541 to 38.2-3452 and 38.2-3416. I'm having trouble loading the link but will do so when I can get it functioning properly.
According to my source, the employer has an affirmative duty to notify the employee within 15 days from the termination of coverage, so the poster MAY have a complaint IF that did not happen. However, if the employer gave him the notification, and he disregarded it because he thought his new insurance would be starting immediately, I agree he's out of luck.
cbg - I know rules/laws are always changing but some info I have on Va states: Employee has 2 opts. opt 1 -- an individual policy issued by insurer without evidence of insurability & prem. pd. within 31 days of termination. opt 2 -- continue present gr. coverage for 90 days after term. w/o evidence of insurability. The app. for extended coverage & total prem. for the 90 days must be paid to gr. policyholder prior to termination. Employee had to have been continuously insured under group pol. during entire 3 mos. preceding term. of eligibility. My info has nothing about the 15 days notification to employee but I would think they would have a duty to notify them.
cbg, Reading your posts, I'm amazed at all your knowledge of group insurance & labor law - wish I had it. Betty
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I didn't get into the individual insurance issue since it was clearly already too late to do anything with that. IF the employer had failed to provide information about the continuation, it was still possible to do something with that.
Thanks for the kind words. I guess that's what 25+ years working with employer sponsored group benefits, state laws and policy and procedure regulations will do for you.
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Well, your answer would be correct if the employer had 20 or more employees. However, since OP stated that the employer had AT THE MOST 10 employees, your answer is incorrect.
Well. . . That's not quite right either. The OP said:
They probably only had 10 people on the policy tops.
The number of employees at the company could be quite higher. It is the number of employees employed that requires an employer to offer COBRA, not the number insured by the plan.
This is a good COBRA source:
IMHO
1) OP should pursue the homeowners insurance policy option. Actually that option is the best as that is where the accident and injury occurred. That's what HO policies are for. . .
2) OP should talk to the parents of the friend and explain his conundrum (no health insurance). If they have HO insurance there should be no problem contacting the insurance agent to make the claim.
3) If that fails the OP should determine if COBRA was an option. (Employer's with 20 or more employees) Probably not!
4) The OP should check to see if the continuation of coverage option was made available. Often employers are slow to notify employees. While it may be too late (after 31 days) it may not be if the employer did not advise OP of this option.
KTL
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I didn't get into the individual insurance issue since it was clearly already too late to do anything with that. IF the employer had failed to provide information about the continuation, it was still possible to do something with that.
Thanks for the kind words. I guess that's what 25+ years working with employer sponsored group benefits, state laws and policy and procedure regulations will do for you.
Yes, it was too late for individual policy. I was just "quoting" all the info I had on continuation of coverage in Va.
I worked for an ins. co. for 36 years but mainly with individual policies though on occasion I was involved in some aspects of group ins.
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Thanks for all of the responses!!!
I there were 8 employees on the policy until I left. I was never notified of any kind of continuation coverage, at all. Even when I called back after the incident, the HR lady said that the only way that I could get coverage is if they could prove that I was working there at the time, which I wasn't.
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Thanks for all of the responses!!!
I there were 8 employees on the policy until I left. I was never notified of any kind of continuation coverage, at all. Even when I called back after the incident, the HR lady said that the only way that I could get coverage is if they could prove that I was working there at the time, which I wasn't.
Unfortunately, you were misinformed by the HR lady. . . Your prior employer had a duty to notify you of that option.
You were eligible based on Virginia law for a continuation policy. You should have read your employee group certificate booklet that outlines the process of applying for the continuation of benefits. The employer may have fulfilled its obligation, which you elected to disregard since you were of the erroneous impression that you would have immediate coverage with your new employer.
Have you followed up on the home owner’s liability coverage?
KTL