Legal Question in Insurance Law in Virginia

Health Insurance- change in policy

My husband has had his insurance for several years. He receives infusions for Crohns Disease every 8-12 weeks. The infusions and all related expenses have always been covered 100%. Recently he changed jobs and continued his insurance through the COBRA plan. He started receiving bills saying he owed a tremendous co-pay. After many games of telephone tag we were informed that there had been a policy change which changed his insurance from 100% to 80%. We were told that the change took effect on the same date that his COBRA went into effect. We received no type of notification of this change. Is this legal? We were under the impression that COBRA allowed us to keep our existing policy. I just dont think the policy change happening on the same date his COBRA started is a coincidence.

thank you


Asked on 10/22/03, 6:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Health Insurance- change in policy

You should attempt to verify independently the claim of your husband's former employer that in fact a general policy change was effected for all company employees(or at least for your husband's employee classification)) on the effective COBRA date that consequently reduced coverage for these employees from 100% to 80%.

If it turns out that this change was not a general policy change and applied only to your husband, the company will have to reverse its determination or face a lawsuit.

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Answered on 10/22/03, 6:52 pm


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