can my employeer change health insurance providers and leave a gap in coverage?
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can my employeer change health insurance providers and leave a gap in coverage?
MY employer recently changed health insurance providers. They cancelled our previous insurance over three weeks ago and we are yet to have any information regarding our new policy numbers. I was told by my HR that I would have to ask the health care provider to hold the billing until I get my policy number. However, the provider will not hold billing. I need to add that I am a type 1 diabetic and have medical appointments and supplies that I need to live. What are my legal options? What can I do? Please advise
Asked on March 13, 2017 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, it is legal to leave a gap in insurance coverage. The fact is that an employer is not legally mandated to provide insurance for its employees. Accordingly, leaving a gap in coverage is permitted. That is unless this action violates the terms of an employment contract or union/collective bagaining agreement.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, they can do this: an employer is not actually required to provide health insurance at all, for example, and could simple have stopped making it available to employees. Since the law does not require the employer to provide insurance, it also does not prevent there from being a gap in coverage if they change providers. Harsh as it sounds, the fact that this affects your life is not your employer's concern; the employer does not need to take your personal medical or financial situation into account or change what it is otherwise doing for your benefit.
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