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  • Medical Insurance (NY)

    I just received my medical insurance from my job, because after 3 months I am entitled to it. s But my last day with the agency is June 5th and I did give them a months notice. how long am I entitled to continue having insurance through this job? Where can I can find any information on this? Just in case they try to stiff me

  • #2
    How many employees does your employer have overall? It makes a difference to the answer.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Over 20 employees.

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      • #4
        Then COBRA applies. The length of time you have worked for them is irrelevant, as is the amount of notice you gave.

        While I can't tell you on which day your insurance will end since that is determined by the insurance contract and not by law, it will be either your last day of employment or the last day of the policy month. Within 44 days of that date, whatever that date turns out to be, your employer must notify you of your right to COBRA (continuation of insurance at your own expense). You have 60 days to reply and 45 days after the day you reply, whether that was day 1 or day 60, to submit your first payment, which must be for ALL the time since the end of the insurance. When they have received your payment, they will reactivate your coverage retroactive to the last day, whatever that day was, so that there is no gap in coverage. They are NOT required to leave your insurance active until you make payment.

        Your COBRA coverage can continue for up to 18 months. YOU are responsible for making payments on time. They are NOT required to send you any invoices, notices or warnings if you do not. (Some employers will but it is a courtesy that they are not required to provide.) They are required to give you a 30 day grace period (i.e if your payment is due June 1 they may not cancel coverage for non-payment until June 30) but once that grace period is expired you have NO expectation of coverage continuing and they are NOT obligated to take late payments once the grace period is expired.

        Your cost will be up to 102% of whatever the insurance company charges them.

        If their costs increase, so do yours. You do NOT continue to receive coverage at the old rate if their rates increase. On the other hand, if they are one of the lucky few whose costs decrease (don't count on it) your costs decrease as well. They may not legally charge you more than 102% of their costs (the 2% is an administration fee that they are legally permitted to, but are not required to, charge you. Most do.).

        If the benefits change for active employees, you receive the same change, whether it's an added benefit or a decrease in benefits. You also can make changes to the coverage (adding or dropping a dependent, etc.) at the same time the active employees can.

        If the employer chooses to stop providing coverage to active employees, your coverage ends at the same time, regardless of how much of the 18 months you have left. You do not get to retain a benefit that the active employees no longer have. The same is true if the company goes out of business - your coverage ends when the employees' does.

        When your 18 months is up, YOU are responsible for being aware of it. The employer is NOT required to provide you with advance notice that the coverage will be ending soon (though many will).

        You can find additional information by googling COBRA on your favorite search engine.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment

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