Can my employer cancel my health insurance without telling me?

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Can my employer cancel my health insurance without telling me?

While out on workers comp, my company cancelled my health insurance. They said they sent notice but I never got them. Do I have any legal leg to stand on?

Asked on December 22, 2011 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under ERISA, your employer is required to provide you with written notification of his or her intent to end any and all health care benefits and to have in hand written receipt by all employees of such intended termination. The purpose of this requirement under ERISA is to afford the employee of the ability to try and place alternative health coverage on his or her own with some other insurance carrier so that health care benefits will continue uninterrupted.

If you never received notice that your health care benefits were going to be cancelled and you have suffered no fall out as a result of you not receiving such notice, you really have not suffered any legal damage. I suggest that if you want insurance coverage that you seek to place it on your own.


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