Can an employer that offers insurance to employees refuse to coverage me?

UPDATED: May 27, 2009

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Can an employer that offers insurance to employees refuse to coverage me?

I am unemployed at the moment. I’m still available for Cobra through my previous employer. I’ve been denied coverage under an individual plan because of a skin cancer issue. Cobra is so expensive. I need to know can an employer with a group insurance plan deny me coverage?

Asked on May 27, 2009 under Insurance Law, Georgia


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a Georgia attorney, but in my state, the answer is no.  An employer's contract with an insurer cannot deny you coverage.  They typically don't even ask you to fill out a medical questionnaire. Sometimes they will state that they won't cover medical treatment for a pre-existing condition for a period of time, like 6 months or a year.  Is your employer aware of your skin cancer?  Before you let COBRA go, discuss it with your employer (unless you don't want them to know).  Get on the employer's policy and read the documentation that you get regarding coverage.  Only let COBRA go once you have your answer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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