Can my employer legally back date the termination of my health insurance coverage without telling me?

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Can my employer legally back date the termination of my health insurance coverage without telling me?

My employer notified me it was going out of business. But they would not tell me when they were closing or when my health care coverage would end. I asked for this information and my employer refused to respond to my inquires. After I was let go, I called my health care provider to make sure I was still covered. They said I was. I racked up $3200 in medical bills for the month of July believing that I was covered. A month later I found out my employer back dated the cancellation of my coverage a whole month and my provider will not honor my claims. Do I have any legal recourse?

Asked on August 12, 2010 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The employer cannot backdate your termination of health insurance coverage.  You could sue the employer for fraud.  Fraud is the misrepresentation of a material fact made with knowledge of its falsity and with the intent to permanently deprive.  Your employer's act of intentionally backdating the document to deny you health insurance coverage constitutes fraud.

Your damages (the monetary compensation you are seeking in your lawsuit) for fraud would be your out of pocket loss, $3200 in medical bills.


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