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LAWS IN NEW JERSEY REGARDING HEALTH INSURANCE BENEFITS


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#1 KNOWLEDGEISPOWER_9112

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Posted 11 December 2012 - 02:32 PM

CAN YOU TELL ME IF THERE ARE ANY LAWS IN NEW JERSEY REGARDING HEALTH INSURANCE BENEFITS AFTER EMPLOYMENT TERMINATION. MY HEALTH INSURANCE WAS TERMINATED IMMEDIATELY THE DAY FOLLOWING MY EMPLOYEE TERMINATION. I THOUGHT THAT I WOULD HAVE AT LEAST HAD COVERAGE FOR THE REMAINDER OF THAT MONTH, I ALSO THOUGHT THAT I WOULD HAVE BEEN ALLOWED/OFFERED TO CONTINUE MY HEALTH COVERAGE AT MY OWN EXPENSE IF I WISHED TO DO SO. CAN YOU PLEASE INFORM ME IF THERE ARE ANY LAWS IN THIS REGARD, THE INSURANCE CO. HAS TOLD ME THAT BOTH ISSUES ARE COMPLETELY UP TO THE EMPLOYER.

#2 Fallen

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Posted 11 December 2012 - 02:52 PM

KNOWLEDGE, please don't post in all caps in future, and please don't piggyback on other folks' old threads instead of posting a new one.

If there are more than 20 workers at this employer, within 45 days of termination, it's obligated to send you COBRA paperwork so that you can elect coverage retroactive to date of termination. (NJ may have its own law about smaller employers, and you're free to ask the state labor dept. about that.) If COBRA applies, it's not up to the employer unless the employer has a viable argument that you were terminated for gross misconduct.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 adjusterjack

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Posted 11 December 2012 - 05:26 PM

CAN YOU TELL ME IF THERE ARE ANY LAWS IN NEW JERSEY REGARDING HEALTH INSURANCE BENEFITS AFTER EMPLOYMENT TERMINATION. MY HEALTH INSURANCE WAS TERMINATED IMMEDIATELY THE DAY FOLLOWING MY EMPLOYEE TERMINATION. I THOUGHT THAT I WOULD HAVE AT LEAST HAD COVERAGE FOR THE REMAINDER OF THAT MONTH, I ALSO THOUGHT THAT I WOULD HAVE BEEN ALLOWED/OFFERED TO CONTINUE MY HEALTH COVERAGE AT MY OWN EXPENSE IF I WISHED TO DO SO. CAN YOU PLEASE INFORM ME IF THERE ARE ANY LAWS IN THIS REGARD, THE INSURANCE CO. HAS TOLD ME THAT BOTH ISSUES ARE COMPLETELY UP TO THE EMPLOYER.


Not both issues.

Continuation of coverage at your own expense is addressed by the New Jersey Continuation law that applies to businesses with less than 20 employees. Read about it at:

http://namebenefitsl...ional Guide.pdf

If it's similar to COBRA you are likely going to be able to have coverage effective on the termination date provided you are willing to pay the premiums. I suggest you start putting away cash to cover at least two months' premiums. If it takes a month to get your paperwork in order you'll have to pay for the first and second month at the same time.

If your employer is not complying with that law you can call your state's Dept of Labor and get some help.

As for the date that employer provided coverage terminates, that's up to the employer and apparently terminates on the date of your termination.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 Guest_FindLaw_Amir_*

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Posted 12 December 2012 - 12:28 PM

You may want to read the New Jersey Statute: 17B:27A-27 Continued coverage for certain terminated employees, dependents.




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