Is it illegal to remove a spouse from health insurance policy without notice and leave them uninsured?
Question Details:
After a spat with my husband in 10/09, he filled out his open enrollment for his health plan and omitted my name and information. The BCBS administrator left me off and is telling me that they cannot put me back on the plan because open enrollment is over (I was covered under the plan for 7 years prior). We are still married and have no separation agreement. Was that illegal? How do I rectify?
This is not necessarily solely the insurance company's problem or that of your husband's employer. Your husband should not have taken you off the insurance but he did. Typically the legality only comes into play when it concerns divorce provisions and the like.
However, COBRA requirements usually mandate an insured be given notice prior to insurance cancellation and the opportunity to rectify the situation or obtain COBRA. Contact your state's department of insurance and get a complaint filed to start the process. Oftentimes a complaint will scare the company into resolving the situation to prevent a full scale investigation.
