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Health Insurance while on LTD
Jul 13, 2013

I work for a small company of four employees. I have been on STD since April. I am not yet able to return to work and will be starting LTD. During my STD the company continued to provide health insurance. Now that I am going on LTD does the employer have a responsibility to provide me with access to health insurance? If I am terminated because I cannot return to work how can I secure health insurance? The company is not required to provide COBRA due to it's size. Thank you.

Response from Mr. Chambers

There is no law that requires an employer to continue your health insurance while you are collecting disability.

However, since you are not eligible for Federal COBRA and you apparently are in a state that does not have a miniCOBRA statute, you may still be eligible for health insurance.

Under a federal law called HIPAA, you are guaranteed the right to purchase an individual health insurance plan regardless of your health if: You have had some sort of health insurance continuously (without a break of more than 63 days) for 18 months AND your most recent coverage was through an employer provided group plan AND you purchase the individual policy within 63 days of your group coverage ending.

The type of plan you can buy varies by the state you live in. You can find how your state handles it at this site.

Good luck, Jacques this site



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