What to do if my employer switched insurance providers just before my surgery and now my operationwon’t be covered?

I was approved to have a spinal fusion performed on the 6th of last month through my employer provided insurance plan. However, I found out when I come out of surgery that my employer decided they could save some money by switching providers; they did so on the 1st of last month. Now I’m facing an uninsured surgery. What are my options and do I have a case? I work for a municipality and I don’t know what to do.

Asked on March 5, 2012 under Employment Labor Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you work for a municipality, you need to check to see if you were part of a collective bargaining agreement. If you were, your employer cannot simply switch providers without notice and without ensuring your surgeries or procedures in between the coverages were covered. This is unfair and deceptive. If you are not covered by a collective bargaining agreement, I suggest you review your insurance. If your prior insurance had collected your payment and the coverage was the for the month that you had surgey, you should be covered by the first insurance, period. File the claims with both insurance companies and then begin the process of possibly contacting an insurance litigation attorney to see if you need to sue multiple parties for coverage on your surgery.


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