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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
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Experience:  20 years of proefessional experience
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Can a health insurance co retroactively collect a premium

Customer Question

Can a health insurance co retroactively collect a premium increase even though no notice was given of the increase? They collected $777 for a $50 per month increase or about 15 months of back premium costs.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

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ANSWER:

This sounds like it would be a breach of contract for them to do that without notice. The plan handbook may provide that the co can increase premiums with some advanced notice so that you can seek out alternative insurance; but to charge you retroactively for an increase really appears to be unlawful. You can challenge any such increase by obtaining a court order that states that any such increase is unlawful by filing a declaratory judgment action; see this link.

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