Question Details: My position with a company was terminated due to massive cutbacks. As a part of my severance package my company agreed to keep me on their health insurance (I'm basically uninsurable due to past cancer issues) for 1 year. I've recently been told by a friend of mine who works in HR that this is highly illegal and it's insurance fraud. She also told me that even though I may think I have health insurance, the insurance company could deny my claims if they found out I was not a current employee.
Technically, what should be done is that you should be moved to COBRA--which gives you the right to continue the exact same coverage, so no risk of being dropped--for up to 18 months, and the company pays for your premiums for the year. This gets you the exact same effect, but is handled properly. Your HR friend is correct in that keeping a non-employee on an employee health plan may be a violation fo the plan terms, which could endanger coverage.

Are you a lawyer?
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