Could I get prosecuted ?

I was terminated from my job on 9/10/19 and I was advised that my health insurance benefits would remain active for one month.  Well one month has passed and to my surprise, the insurance claims are still being paid.  I had a procedure done on 9/30 and that claim was paid, including the prescriptions.  My recurring prescriptions were paid also.  I have a machine I use for sleep apnea and to this day payments are being processed.  I just had a refill on a prescription on 10/14 and it of course was approved and processed.  A follow up doctor visit is scheduled for 11/6.  So far, the total claim amount is about $12,000.  I called the insurance company (Cigna) and they told me that my policy is still active.  They have no termination date.  That’s odd.  My concern is if the former employer will file charges against me for using the insurance even though it is still active.  Could I be made to pay for the claims that have been processed?

11 Answers

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  • 3 weeks ago

    You WILL be made to pay. You were entitled to ONLY 30 days of health insurance after you were fired. If you failed to purchase insurance further, then you had none. Mistakes happen. They do not have the updated info on your firing. When they catch up, you will be asked to pay what you owe - everything after 30 days following your firing date. Yes, you can be prosecuted. However, if you pay promptly, they likely won't bother.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
  • Anonymous
    3 weeks ago

    The company must mistakenly be paying it. Do not expect it to continue forever.

    They can and probably bill you for the errors.

    You are not going to jail though.

  • 3 weeks ago

    maybe he left it active to be nice

  • Judy
    Lv 7
    3 weeks ago

    Uh, if the insurance is still active, what would be the problem with using it? And the things you mention were within a month of your termination. Coverqge is almost always by calendar month. Sept. would have already been paid by them before you were terminated. October was probably the one addition month. Chances are it will be gone Nov. 1. If you use the card after it ends, the insurance company will just deny the claim, and the doc will bill you for any services after it ended, and if you don't pay will send you to collections. You wouldn't be prosecuted, but your credit would be damaged.

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  • Anonymous
    3 weeks ago

    Even though your former employer should have already terminated the insurance and they didin't, they are partly to blame. However, at the first sign that something was amiss, you should have called your former employer and told them.

    Are you sure you were offered the insurance for only one month after termination? A lot of places offer up to 3 months of insurance until you have another job. Since both of you are at fault, you may have to pay for a portion of the charges that have accumulated after the one month.

  • P
    Lv 7
    3 weeks ago

    That can get quite messy. Not sure how far they could go back (I think 30 days), but yes I've seen them reverse claims on people before and it's not pretty.  They are required by law to notify you of cancellation and give you an opportunity to sign up for COBRA.  If you continue this you are playing with fire.  It's really only a matter of time before they figure it out and cancel it as far back as the insurance company will let them.  You need to stop using it immediately and pay any COBRA you owe to avoid getting slammed with a massive bill.  

  • .
    Lv 7
    3 weeks ago

    It won't be a criminal matter; it's civil. Your policy should be good until the end of the month, Sept. 30. Beyond that, you need to elect Cobra coverage. Your employer or the insurance company could demand payment for October.

  • Dze
    Lv 7
    3 weeks ago

    you'll be alright .. it will end soon so count on it ...

  • Anonymous
    3 weeks ago

    I think that's on them, I would argue since they payed the bill, they wanted to

  • Anonymous
    3 weeks ago

    That’s the fault of the company. Not you, you’re still getting benefits don’t complain. 

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