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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  Licensed to Practice Law
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Hi my husband lost his job of 81/2 yrs a month ago. We will

Customer Question

Hi my husband lost his job of 81/2 yrs a month ago. We will lose our insurance tomorrow. We can't afford the 1270.00/ month on cobra. I have been having daily renal colic pain and found out last week my kidneys are full of stones and too large to pass. I will need surgery to remove them. My husband is also having very bad back pain, just diagnosed with Bipolar/ADHD and on new meds this past week. My question is if we go the Charity hospitsl route to take care of our medical problems, can they try to tap into our 401k to pay medical bills since we have no income right now? We have 3100 in saving and about one months worth to cover our bills, food and gas in checking account. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Yes, I'm sorry to say that they will ask you about any retirement accounts, and they can require that you use those accounts to pay for your medical care. If you need to have those procedures, then it may be worthwhile to keep the cobra for one more month and get those procedures paid for by insurance. Or, another option is to buy cheaper insurance which may not pay for everything, but it may pay for the bulk of what you need done. You would need to get insurance immediately, however (i.e., if tomorrow is your last day of cobra, then you need to get the new policy in place tomorrow). If you let insurance lapse, then when you get a new policy, they do not have to pay for pre-existing conditions. But if you maintain insurance the entire time, then a new policy cannot exclude pre-existing conditions.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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