Can insurance be cancled if you have cancer?

Question

What is the best thing to do if my mom's work is threating to take away her insurance and benifits because of her medical leave from cancer has been too long according to them?

Answer 1

There are laws and organizations that can help you with this problem. Your mother or you should contact the Patient Advocates so that she can determine what her legal rights are. She is considered disabled and companies may not descriminate against her because of her illness.

http://www.patientadvocate.org/

If your Mom is in the US she may also be able to contact the State Insurance Commission to file a complaint.

http://www.patientadvocate.org/resources.php?p=178

You should definitely stay on top of this and find out exactly what her rights are.


Facts about cancer in the workplace:

Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA)
http://www.eeoc.gov/facts/cancer.html

LiveStrong: Health Insurance Issues
http://www.livestrong.org/site/c.jvKZLbMRIsG/b.670069/k.77E6/Health_Insurance_Detailed_Information.htm

The American Cancer Society may also be able to help sort this issue out with your Mom. She should call the local chapter:

http://www.cancer.org/docroot/MIT/content/MIT_3_2X_What_is_COBRA.asp

CancerCare also offers social workers (online or call directly) who can help you with this type of issue.
http://www.cancercare.org/

Good luck!

Answer 2

You need to get ahold of copies of both the insurance policy and the employee handbook. Once you have these, review them to see if they state that the policy can be cancelled for the reason stated.

If they have it as policy, then there really is nothing that can be done. However, I am assuming that while on a leave of absence, your mother has not been paying her portion of the insurance premium. If this is the case, she can approach the employer and propose that she will continue to pay her portion of the premium, even during her leave of absence. If they do not agree to this, there is one other alternative. By law, an employer cannot cancel an employees insurance policy. They can only decide to stop paying their portion of the premium, which your mom would then become responsible for. This is covered under the COBRA act (see the link), which states that she can continue to pay for the insurance on her own for a predetermined length of time (after that, she will be on her own). I know paying insurance premiums on ones own can be expensive, but it is not nearly as costly as paying for medical bills without it....maybe everyone in the family can pitch in an help pay these amounts. Anyway, one of the qualifications for COBRA is a reduction in hours that the employee works.

In the end, if the employee manual and/or the insurance policy do not state anything regarding the discontinuance of medical coverage based upon an extended leave of absence, then you may have a legal claim against her employer. She must be treated the same as anyone else, so if another employee went on an extended leave of absence for a reason other than medical, and their insurance were to remain intact for the duration of that time, then they have initiated a policy regarding your mother that is discriminatory. Seek legal council under that circumstance.

In working in human resources, I know that when an employee that is receiving health beneifts under a group coverage plan uses that insurance on a regular basis for a need, such as cancer, that the insurance company usually raises the premium...this leaves the employer two choices: Pay the extra amount, or pass the increase on to its employees. Neither is an easy decision for an employer, so they may be trying to see if they can get your mother off the plan to avoid this pitfall.

Good luck and I hope that your mother makes a full recovery.

Answer 3

The first question is: "Was the cancer diagnosed prior to the issue date of your policy?" If so, many insurance companies will not pay for it because of a "pre-exisiting condition" clause. If it has been diagnosed after your insurance was issued (there is usually a timeframe that must be met, like 45 days), then they may cover it. Your best bet is to call your insurance company with the diagnosis and have a representative help you understand your benefits.

Also, depending on your age, some Medicare will cover it, or depending on any income, Social Security or disabilities, Medicaid may cover part of it as well.

Answer 4

Employers only pay for insurance while you are working or off on sick days that are covered by your buildup of sick days. Once those are expired, employers no longer cover the insurance (this is not threat just standard business). Once her work coverage expires, she will have the COBRA option, where she can pay for it herself. This is usually expensive, however, so many people opt to keep working and take periodic days off for chemo, just to keep the medical coverage.
Sorry but that is life in the US. If you are in another country, I do not know what their policies are.

Answer 5

well federal law will protect her coverage so long as she keeps paying (and if she has cancer it is a great idea to keep paying)...your policy can be cancled for getting an illness (only for not paying)

Answer 6

This is unfair ... it is already bad to have such illness. You could report such happening to the union, the labour ministry or to your minister for help.

Answer 7

Check with insurance commisioner in the state government for sure.

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