Immigration Voice

Karan2009 · #1 (**permalink**) 11-17-2009, 10:43 PM

I am on H1 and bear my Health Insurance premium cost. When I resigned from current employer, he cancelled my Health Insurance 2 month back dated though Insurance premium has been paid by me (one month on Pay stub is reflected and other month was deducted from my per diem in advance). Now as I owe some medical bill for the first month but as of now there is no coverage due to cancellation of Insurance.
I had a word with employer but he denied to restore the insurance. I cannot get covered from my new employer as I was not under their payroll.
Please advice how can I get my insurance restored as I have paid full insurance premium for both the months. Also Can I file a complaint with Dept of Labor against my employer or not.
Please suggest.

saravanaraj.sathya · #2 (**permalink**) 11-18-2009, 01:03 AM

As per HIPAA regulation, you can continue in the same plan for 18 months.

HIPAA protects you from job loss.

prasad_2007 · #3 (**permalink**) 11-18-2009, 08:57 AM

Employer has to give you notice before terminating health insurance. Also you should get a COBRA to extend it for 18 months.

If you have not get notice from employer file a complaint in a local court and sue. DOL wont help in this case. By the way who is your employer.

shantanup · #4 (**permalink**) 11-18-2009, 10:54 AM

If you are emplyed as H1, how do you get "per diem"?

Karan2009 · #5 (**permalink**) 11-18-2009, 03:22 PM

I was not given a notice as insurance is being cancelled . THough I just received an cancellation letter from Insurance. Also I resigned, so will I be getting COBRA and how to get back premium that I have already paid to employer .

prasad_2007 · #6 (**permalink**) 11-19-2009, 12:46 PM

Since you resigned. You may not get a letter from Employer how to enroll a COBRA plan. you have to do it yourself.

But as per my understanding. you employment was terminated without your notice. All you get is any claims that you during those period from your employer.

Send him certified mail to reimburse your two month health expenses if you have any.
If you don't have any expense just ignore.

snathan · #7 (**permalink**) 11-19-2009, 01:23 PM

Quote:

Originally Posted by shantanup

If you are emplyed as H1, how do you get "per diem"?

How H1B is related to Per diem..

its to do with the job.

number30 · #8 (**permalink**) 11-19-2009, 10:09 PM

Quote:

Originally Posted by prasad_2007

Since you resigned. You may not get a letter from Employer how to enroll a COBRA plan. you have to do it yourself.

Whether he resigned or company sent him out does not matter. He has to get a letter for the Cobra. Give a complaint to DOL stating the facts and letter from Insurance Company. They will take care of that.

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