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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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My friend has a pre-existing condition last 2 years. She was

Customer Question

My friend has a pre-existing condition for the last 2 years. She was just told that her health insurance through her husband's work cancelled her insurance as of 9/1 without notice. Is that legal in Colorado?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Since August 2013 Ty has been admitted to the hospital 8 times. She was in the hospital at least 67 days in 2014. She has had 7 surgeries during that time. Ty has a disease called Gastroparesis. She was terminated from her job, has been denied Disability, and has been denied by Blue Cross/Blue Shield to receive a Gastric Pace Maker that could end her suffering.
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

They are supposed to give notice of the cancellation but the insurance company is going to claim they did give notice and will furnish "counts" from the mail room that show the number of letters that were supposed to go out and the number of letters that went out and allege that proves the notices were sent. I was involved in several cases with similar facts and that was always the defense they used.

At this point the best thing to do is contact a lawyer that does Consumer Law, you can find one at www.lawyers.com, and get them involved. It's not likely they're going to be able to get the insurance company to reverse their decision, although that is possible, but they may be able to get the coverage extended for the time required to re-issue the notice and allow your friend to find another insurer.

Customer: replied 1 year ago.
Thank you. So she did call the insurance company and they said it was cancelled by her husbands employer and that he needed to contact them but has not heard back yet. So can the employer cancel without notice too? She does have a lawyer as her company laid her off because of her illness and disability was denied (she has been out of work for 2 years and can't work). Also, the hospital has made several misdiagnoses. So it seems like the lawyer would be the best one to navigate all this yes? But the original question, can the employer cancel w/o notice?
Expert:  Dwayne B. replied 1 year ago.

There is still supposed to be notice no matter who does it. The employer's responsibilities depend on a variety of laws and to determine the extent of their responsibility would require an examination of the pay history (to determine if the employee i spaying), their employee policy and handbook, their benefits policies, etc.

A lawyer is definitely needed although if the employer is the one responsible that means a consumer lawyer is probably not the right one to use long term. However, they could start with them and then refer the matter to an ERISA lawyer or employment lawyer if that need develops.

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