Migliaccio & Rathod LLP is investigating whether certain employers failed to offer continued access under COBRA to health benefits that employees had before losing their jobs or experiencing another COBRA qualifying event.
Today’s employee health benefits often include much more than a traditional medical insurance plan. Employers may separately provide health reimbursement arrangements (HRAs), virtual therapy, telehealth, diabetes-management programs, fertility benefits, musculoskeletal treatment, weight-management programs, or other medical benefits. Depending on how these programs are structured, some may be part of an employer’s group health plan and may carry continuation obligations.
We are investigating whether employees lost these benefits after termination even though their COBRA paperwork offered continuation only of traditional medical, dental, or vision insurance.
You May Be Affected If:
- You previously worked for a private-sector employer;
- Before leaving the company, you participated in an employer-provided HRA, virtual medical or therapy program, telehealth program, disease-management program, fertility program, or another employer-provided medical benefit;
- You lost that benefit when your employment ended or another COBRA qualifying event occurred;
- Your COBRA notice did not mention the benefit or provide any way to continue it;
- You had money remaining in an HRA when coverage ended; or
- You subsequently paid out of pocket for treatment or services that the omitted program previously provided.
Not every workplace wellness, assistance, or digital-health program is subject to COBRA, so the details of the particular benefit matter.
Why This Matters
A former employee may reasonably believe that their COBRA election materials describe all of the health benefits they are entitled to continue.
If a separate medical benefit is omitted, the employee may lose:
- access to ongoing therapy or treatment;
- unused HRA funds;
- fertility or chronic-condition support;
- virtual medical care; or
- other benefits that would otherwise have reduced out-of-pocket expenses.
The issue is especially important where the employee actually needed the omitted benefit after termination and had to pay for replacement treatment or services.
Does This Apply to Your Health Plan?
This investigation generally concerns benefits connected to ERISA-covered private-sector employer health plans.
In everyday terms, that usually means benefits provided through a private company or nonprofit employer. Government employee plans and certain church plans generally are not governed by ERISA.
If you are unsure whether the omitted program was part of an ERISA health plan, we can review the benefit description, COBRA notice, Summary Plan Description, and related documents.
We Are Interested in Hearing From Former Employees Who:
- lost an HRA after termination;
- lost access to virtual therapy or telehealth;
- lost fertility, diabetes, musculoskeletal, or weight-management benefits;
- received COBRA paperwork that listed only medical, dental, or vision coverage;
- believe a separate medical benefit should have been available to continue;
- paid for replacement treatment after losing the benefit; or
- still have COBRA notices, benefits guides, HRA statements, or other plan documents.
If your COBRA paperwork omitted a health benefit you had while employed, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or call us at (202) 470-3520.