Question

Can my employer cancel my health insurance?

I gave my boss my two weeks notice on a Friday as I had received another job offer. I worked that next week. My boss called me that following Sunday night to let me know he no longer needed me to come in.
So he technically fired me as I only worked one of the two weeks.
I did not even attempt to collect unemployment due to the fact I would be starting the new job.
I went to a doctor's appointment the following Wednesday (when I should have still been working) and paid only my insurance co-pay. I recently received a bill from the doctor's noting my insurance was cancelled and now I am responsible for the bill.
I heard it was against NY state law or COBRA law (I worked and live in NY) to cancel an employee's insurance until 30 days AFTER termination. Can anyone confirm or refute this? A website or document of some kind would be great so I can forward along to my former employer.

7 years ago - 5 answers

Best Answer

Chosen by Asker

Your employer can cancel you insurance whenever, but with most group plans you are still covered until the end of that month. This is because the plans run monthly and the insurance company has received payment for you by the first of the month. You will probably be eligible for COBRA but the premium will be the amount you and the employer both paid plus 2% and it runs monthly as well (may not be worth it for a doctor bill). Contact your HR department and the insurance company to get exact information.

Source(s):

7 years ago

Other Answers

OK, yes, your employer can cancel your health insurance as of midnight, the last day you work.

He does NOT have to wait and cover you for 30 days post termination. If it's a small employer, he might not be subject to COBRA laws. If he IS subject to COBRA laws, he has 30 days to offer you COBRA, YOU would have to pay the premium IMMEDIATELY. It would cost 102% of whatever the existing premium is - expect it to be between $200 to $300.

I would call him, and ask him if he'll be sending your Cobra paperwork in the mail soon, or if he already has.

Source(s)

by mbrcatz17 - 7 years ago

When you give you 2 weeks, you quit. The 2 week notice is just being nice to the employer, but the employer has a right to accept you notice and tell you that you don't have to work the notice. Alot of bussiness will waive the 2 week notice. You boss can cancel you health insurance on the last day you worked, and since you quit you do not fall under the COBRA law.

by mpstephens13 - 7 years ago

That is determined by the employer's group health application. On that form, he puts in writing how long the waiting period is for new hires, and when the coverage begins and ends. Usually, coverage starts the first of the month following the waiting period, and ends the end of the month that you quit or are terminated. But this is not always the case. Contact the insurance company and explain what happened. They should tell you if the group health contract reads that the coverage terminates immediately on the last day of employment or not.

One more thing, in my state, if you are not subject to COBRA, the group coverage extends 30 days past the termination date for free - neither the employer nor employee has to pay for the extra month of coverage. You might want to contact your state's insurance commissioner's office to ask about that if your ex-employer has less than 20 employees.

Source(s)

by nurse ratchet - 7 years ago

No! Not if you keep paying your premium on time

by swnycndy - 7 years ago