Hep c cost job and insurance

My husband started tx for hep c in june and is doing well. His employeer sent him home from work (laborer) on Aug 22 and was told he has to go off tx to return to work. They said he is a saftey risk. He went on medical leave from doctor and one week later they terminated our health insurance. We now have no income and no insurance. Can this be done? Is this legal?

[fishdoc]

I can only say that it is horribly unfair, but legalities, I just don't know.  Many here have had to quit because of side effects, but I don't know anyone else that was fired.  Best of luck to you and your husband.......our thoughts are with you,
c.

[SJL]

I would certainly say that they could not use Hep C as a reason for termination. When getting a medical leave script from his Doctor did he also file for a medical leave with his employer? The Family leave medical act is available to everyone, but you must go through human resources & do the paperwork. Also he should have been given the opportunity to pick up Cobra, and that would be that he pay his own insurance payment through his employer. How big is the company he works for, and how long has he worked for them?

I would certainly pursue this and get as much information gathered that you can. This certainly does not sound right to me!
Sandy

[way]

Do a google search on FMLA.  I just did last night but sorry don't have mental fortitude to give link.

I did turn in paperwork for FMLA for a "chronic illness" in which Doctor had to fill out paperwork for.

This enables me to miss work without Doctors note (excused absense)AND leave early when not feeling well AND TO NOT BE ABLE TO PERFORM ALL OF JOB DUTIES. This is FEDERAL LAW and will protect your job for 12 weeks or more for a chronic disability because the days are calculated differently-(I think)

Anyway- I was reserching to find out the wait before the FMLA would be in effect after turning in paperwork---AND FOUND OUT SOME VERY INTERESTING THINGS--

30 days notice is required "if possible" but depending on the circumstances an FMLA cannot be denied if shorter notice is given (EVEN 24HRS)

AND--notice is not required to be given in writing and can be given verbally to your immediate supervisor.  AND FMLA need not be mentioned in the initial communication that a leave is needed.

Again sorry no hyperlink to this info but I'm 86% sure that this info is mostly correct- was there just 20 hrs ago.

It's some very intricate stuff and for the most part protects US. They don't get to take some and leave some it's FEDERAL and all employers must comply.

My Manager doesn't bat an eye when I say I'm leaving or not coming in. It's a good feeling like being in good hands with allstate.

I suggest you (or anybody working) go to the website and see read and see how to make it work for you. It's complicated so you may want to get an abstract.

[aiuta]

I am VERY sorry to hear about this.  It must be a scary time for you.  I got diagnosed with Hep C after living abroad in Europe for over 2 years.  Hence, I had NO health insurance when I returned to the US this June 2006.  I went straight to Roche, one of the companies that makes these meds, and to their Patient Assistance Program.  Luckily I qualified. My hep doc didn't think I would get the meds for free unless I was "indigent", but I did.  Maybe you can too: 1-877-PEGASYS.  I wish you all the best. Aiuta

[Pauly Boy]

Sorry to hear about your current issues. Just when I think, I've seen it all, something always astounds me. SJL gave some great info. I would get in touch with your state insurance commission and explore the medical coverage issue first. Those commissions or agencies operate like public utilities and have strict guidelines that must be adhered to. They'll give you the real deal.The medical leave coverage available will be mandated and usually found in the companies employee manual. Cobra is a reality and should have been offered to him. Here in R.I you can keep it for 3 months, must pay for it, but at least it gives you time to react. What stae do you live in? Here in R.I. we have a thing called Temporary Disability Insurance. The rules on this are different in every state, check with the state department of Employment. They can help and direct you. If available it will help thru the time he cannot work.

How did his employer find out about his tx? Who told them he was on tx? I work in the construction industry and liability is a hot button.

Last but not least, as usual gather all your info and if you have an attorney: friend or family or anyone in legals that will advise you and you trust, think about using their knowledge and help in handling this.

Keep in mind when speaking to people about your husbands condition. He has the right to have privacy regarding his medical records, I'd only give out info speaking in generalities and hypotheticals, especially when speaking to anyone involved in your hubby's workplace. It might mean the difference in what kind of help you get with this. I know, it's not right but that is the way it is. There is a ton of misinformation and wrong assumptions regarding HCV and it's tx.

Best of luck and be fearless and ask for help where it is available. I believe that you deserve and are entitled to more than you are receiving now. Keep in touch ....      Pauly

[Alady1620]

You can always get the COBRA insurance if you find no other recourse.  It might be worth it until your dh finishes his treatment.  Good luck to you.

[NYgirl]

I had to fill out FMLA paperwork here at my job too - THEY insisted on it for some reason (which makes me think there is something in there that might help THEM as well...cause my job...they AINT NICE here).

It sounds like a clear cut case of discrimination BUT you'd have to prove it I guess.  And of course companies LIE and cover each others tracks.  By the time you got to court they'd probably say he was embezzling 10mil a year and by the time the Feds showed up you'd find a Lamborghini in your driveway ;)

There is NOTHING fair about it but I do agree that your first course of action is to work on insurance.  I don't know any details of these type things (which is why after 51 weeks of treatment I've only missed 3 days of work...too afraid to give ANY reason to lose my job!) but I would check out every single avenue you can find out about.

I know when I had no job I was not eligible for anything but my kids were FULLY covered by the State of NY thank GOD.  With your husband meds most likely Commitment to Care I think is what Kalio did.  Don't know if your state might help you with other insurance but...........right now........that would be a priority.

I wish you all of the best.  It's so not right that this happened.  But it does.

[NYgirl]

Maybe if you have a lawyer give his boss a call and tell him that this is completely illegal - that he is NO safety risk blah blah blah you might be able to bluff them back into hiring him?

I just don't think it is legal at all to tell someone they MUST go off of chemotherapy for any reason.  And I'm not sure HOW they could cancel your insurance either.

What was the reason for this?

It's just not making any sense at all to me now that I think about it.

Since it is two separate issues (?) address each separately.  I'd need to know a VERY good reason that the insurance comp was ABLE to drop you - just because you get sick they cant.  A lawyer would be able to intervene here I would think...even a legal aid type lawyer if you can't afford one.

But you need documentation on WHY you were terminated?

[stangshelly]

i am going through somewhat situation through my long term carrier thru employer. contact your local bar assocation, you can get that from any attorneys office. call them and explain situation, they will direct you to call state health dept asst line toll free..your hubbys rights have been violated, there are specific laws governing this in each state. the state attny called me directly and is sending my ltd carrier a nice letter. best wishes.

[sadiemay]

Thanks to all of you for the great advise and concerns,and to answer a few of the questions: He had to let employer know because he was no longer going to be able to work overtime nor weekend because of the tx. He took the injections on Friday nights that way he had the weekend to go through the extreme side effects. We were offered Cobra but who can afford that when we have no income. I don't work because of emphzema and this is really putting the hurts to us. I believe the companies insurance cost may have been going up because of the cost of his tx and my meds and they just wanted him out so they didn't have to keep him covered. He had been with this company for 10 years and was a very hard worker. He continued to work every day after starting the tx even though he was so sick.

[amirtracy]

I'm txing and no insurance. Income levels are actually pretty good (70,000 in fla.) Sorry about your situation but nothing surprises me anymore w/ insurance/doctors/employers etc...
I'll post the links for free meds, discounted lab work, free rescue drugs. My main expense was initial testing for diagnosis and dr's appts afterwards. best of luck to both of you.   tracy

http://www.schering-plough.com/schering_plough/corp/commitment_care.jsp

http://www.questdiagnostics.com/patient/indigent_program.html

http://www.atdn.org/access/pa/filg.html

http://www.procritline.com/patientassist/intro.jsp

http://covertheuninsured.org/stateguides/english/FL.pdf

[daddysgirl1]

Cobra was the way for me to with dads condition. Very costly i may add but worth it.  Need to take action before cobra timeline ends. Employer can not refuse Cobra.