Can My Employer Cut Off my Health Insurance?

One would think the answer could be found in the statute entitled “Employer to Continue Insurance Coverage …For Employees Eligible to Receive Workers’ Compensation.” Connecticut General Statutes §31-284b provides in relevant part: “In order to maintain…the income of employees who suffer employment-related injuries, any employer who provides accident and health insurance or life insurance coverage for any employee…shall provide to the employee equivalent insurance coverage…while the employee is eligible to receive or is receiving compensation pursuant to the statute…”

That statute could not be clearer. And between 1982 when the statute was enacted and 1993, that was the law. However, in 1993, it was determined that because federal law (Erisa) prohibits requiring a private employer to maintain health insurance, this statute was preempted by federal law, at least as far as private employers are concerned. The statute now applies only to state and municipal employees. So the answer is unless you are a state or town employee, your employer may cut off your health insurance, so long as it provides you with the proper notification pursuant to COBRA.

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