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  1. #1
    Join Date
    Apr 2009

    Default Insurance Canceled with No Notice

    My question involves labor and employment law for the state of: California


    I am pretty sure I have this figured out already by reading around a bit, but I just want to make sure.

    I was layed off from my job on Feb.26th, 2009 with the promise of my job being there when work returns to the business. That's all cool. What I didn't expect was a letter I got in the mail from Blue Sheild a couple weeks later telling me my insurance had been cancelled. And to boot, the letter told me it was cancelled 3 days before I even recieved the notice.

    I have severe COPD and am on some pretty expensive meds to keep this body running so you can now see what a prediciment I am in. My question is can an employer cancel your/their insurance policy *WITHOUT PROVIDING FAIR NOTICE?"

    BTW...COBRA does not apply here...they cancelled not just mine, but every employees coverage. Some didn't know until they were in line at the pharmacy!!!!

    I know insurance, vacation, a privelage, but you would think a notice would be required to the employees giving them time to get ahead on med's and plan for other coverage...especially those with a pre-existing condition!

    Thank you for your time folks

    Mr. Logan

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Insurance Canceled with No Notice

    Was this an ERISA plan? Notice to plan participants (one category of "affected party") of the intent to terminate an ERISA plan is covered by 29 USC 1341. The process is summarized in this document (PDF).

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