Tom Lipkis, WalletHub Credit Card Consultant
@cindercard
Health insurance is active for at least 2 months after termination, in most cases, but some people keep their coverage for up to 3 years. That’s because a combination of federal and state laws give you the right to keep your health insurance active after termination but require that you meet several conditions to be eligible. To keep your coverage active, you generally must apply for an extension within 10-90 days of receiving your termination notice. You also need to have been participating in your employer’s group health insurance planfor at least 3 months before being let go. This coverage applies to you whether you were fired/laid off or you quit your job.
In the unfortunate event that you lose your job, it’s good to be aware of your health insurance rights. You should know which federal and state laws protect you and how.On the federal level, you have COBRA, more formally known as the Consolidated Omnibus Budget Reconciliation Act of 1986. It applies to companies with 20 or more employees and lets you keep your health insurance at your employer’s group rate for up to 18 months after termination. In other words, you have to pay for the coverage, but it’s probably cheaper than what you’d get as an individual. Your spouse and dependent children will be covered for 18-36 months, too.
Most states also have similar laws that fill in some of COBRA’s gaps. They typically apply to companies with fewer than 20 employees, for example. And some entitle you to participate in a company’s plan for longer.
Standing up for these rights can be difficult. You may have to file a lawsuit, or at least threaten one. But it could be worth it, depending on how much health insurance would cost if purchased independently.
Francisco Ramirez, President, Insuringmyself.com LLC
@FranciscoRamirez
Great question, I don't believe that they are required to provide you with any mandatory minimum other than to provide access for COBRA coverage (if applicable). This may also vary by state. This is from the US Dept of Labor:
Jobloss and Health Care Benefits - Upon termination of employment, some workers and their families who might otherwise lose their health benefits have the right to choose to continue group health benefits provided by their group health plan for limited periods of time.
Eric Schaefer, Financial Advisor
@EricSchaefer
Francisco is correct. I will also add that COBRA, at the Federal level only applies to companies with 20 or more employees. Some states have inacted their own "mini-COBRA" options allowing access to the former employer plan.
There is one very important thing to keep in mind abotu the healthcare provided by your company. Unless they provide you with some type of severance agreement, they have no requirement to pay the premium of your health coverage once your employment ends. If you opt to take advantage of COBRA (which is a healthcare continuation act), you will have to pay ALL of the premium which may have been previously paid by your company PLUS a 2% administrative cost (total 102% of premium).
If you are laid off, this would be a qualifying event and you will be eligible for special enrollment for an Affordable Care Act healthcare policy. This may be less expensive than continuing your coverage with your former employers plan. Act quickly though as there are deadlines for both COBRA and the ACA enrollment window.
I am laid off. Two days ago I received my last paycheck in which the Company took out my premium payment for my health insurance. The next day, my insurance was shut off. What can I do?
Joan Voss, Member
@joan_voss
I unfortunately missed a cobra payment. However, the insurance company still shows me active and is paying medical bills and for prescriptions. Will I be liable for these bills?
If you pay your premium, you should have retroactive coverage and you will not have to pay medical bills. Although, if you wait too long to catch up on your cobra payment, the insurance company may recoup the money they paid on the claim. At that point, you will be responsible for the bill, unless you doctor or facility files an appeal.
Kathryn B. Hauer, CERTIFIED FINANCIAL PLANNER (TM)
@KathrynHauer
Hi! Francisco and Eric give great answers. You question about if the company can cancel your insurance is interesting because I had the experience where a co-worker's insurance actually WAS cancelled by the company when he was moved to part-time - with no warning! We had both worked for the same company for many years. I didn't have health insurance from them because I was on my husband's insurance. My co-worker had the company insurance for himself, his wife, and their three children. We both got cut back to part-time. We were working at the office, and his wife called because she couldn't get a prescription filled for one of the kids. After making some calls, it turned out that the company had ended the insurance for my co-worker and his family with no notification. He was able to transfer to the COBRA plan and then to get other insurance, but it was an uncomfortable experience for this to happen. So if you work for a company that has been unhelpful in some ways and perhaps not forthcoming with information, you could have a similar experience. Rest assured that it can all be worked out if this happens. Also, as Eric says, a job loss is a "qualifying event" that allows you to get new insurance even if we are not in a enrollment period for new insurance.
I am sorry that you are worried about losing your job. I hope that you end up being able to keep it or that you are able to find a new one fast. Best wishes to you and thanks for writing.
Ray Bates, Member
@raybates94
I was not able to work at my job due to a broken hand for 3 months I was just notified that I was terminated on 12/30/2017 and my insurance was cancelled
I worked their for 6 years
Patricia Santos, Member
@pakelelia58
How long does your benefits last when you resign from Queens
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Seems optimistic. One contractor employer I recently worked for had a standard benefits memo that said healthcare coverage ended on the last day worked. My current/most recent contract employer ended my contract middle of month and said bennies last til end of month. That's in Ohio.
My company terminated medical/dental/vision insurance on the last day of employment and did not deduct the remaining premium from the last pay check. They stated it's their policy to terminate benefits on the last date of employment. They will not provide Cobra benefit details for a minimum of 10 days following the last date of employment so there is a lapse in insurance coverage. Is this legal?