Could anyone advise me on the rules for disability and termination? I have an employer with a self-funded health plan that terminated an employee while he was on disability, reason unknown. Are there ERISA regs regarding this?
As an added complication, the claims processing company was never notified of any change in status. The SPD for this plan does not address this at all. A new SPD is being produced, and by coincidence one of the questions asked in that process was "Do you provide continuation of benefits during periods of leave, disability or layoff?" The answer was no.
Could the fact that policy was in place but not described in the existing SPD have any effect on the continuation of benefits?