Legal Question in Employment Law in Tennessee

Previous Employee canceled Health Insurance

My spouse changed jobs at the end of the year. We understood that our insurance coverage was to be effective for thirty days from the date of termination. At no time did his employeer inform him that his insurance would be terminated immediately. I even called the employer and asked; and was told that I had until Jan 31 to find new insurance. We were unaware that we were un-insured until we received a medical bill from an emergency room visit. Was the employer or insurance company required to inform us of insurance termination and what recourse would we have now that we are stuck with a $600 emergency room bill?


Asked on 2/10/01, 9:03 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Previous Employee canceled Health Insurance

The employer should have made disclosures to you under the Federal COBRA Act. This is a full written notice of when and how your coverage will end. They should also have given you the option to continue your coverage beyond your termination date, at your cost. There are statutory penalties for not doing this. Also, depending upon what your plan says or what you were told you may also have a claim under ERISA, contract law or an equitable principal.

Thank you for your question. The question you have asked is very important. I often help individuals through very difficult issues like yours.

I cannot answer questions, give legal advice, or quote fee rates over e-mail for several reasons. First, in order to answer questions, I may need to ask you several questions or review documents. Also, because there is no confidentiality with e-mail, some authorities have said that I would be in violation of ethical restrictions. Additionally, if you are already represented, I need to know that in order to ethically render legal advice. Finally, please understand that I make my living rendering legal opinions.

Feel free to call Karen Nickelson, my paralegal, at (901) 527-5522, and set an appointment for an in-person consultation or a telephone consultation. Karen will be glad to assist you with any additional questions about our services or fees.

Additional information may be found about my firm or me at:

Crone & Mason, PLC -

www.cronemason.com

Thank you,

Alan G. Crone

Crone & Mason, PLC

Eight S. Third St., Fifth Fl.

Memphis, TN 38103

[email protected]

www.cronemason.com

(901) 527-5522

(901) 529-1432 fax

[This e-mail contains confidential information for the addressee. Do not read, copy or disseminate this communication unless you are the intended addressee. If you receive this e-mail by error, please contact the sender by reply e-mail or by phone at 901-527-5522 (collect if you wish). This e-mail is not, nor shall it be deemed to be, legal advice or counsel, unless the recipient already has an attorney-client relationship with Crone & Mason, PLC or me. This email does not create an attorney-client relationship.]

Read more
Answered on 3/22/01, 12:34 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Tennessee