Watched a bagger have an epiphany yesterday

[M0rpheus]

74. The guy may have a case against the company for coverage, AND the company may be fined...

The affordable care act provides that plans and issuers must not rescind coverage unless there is fraud or an individual makes an intentional misrepresentation of material fact. A rescission is defined as it is commonly understood under the law – a cancellation or discontinuance of coverage that has a retroactive effect, except to the extent attributable to a failure to pay timely premiums towards coverage.

His spouse's Employer is obligated by law to provide COBRA information within a reasonable amount of time (I think 44 days) from the termination of coverage.
Termination of coverage due to non payment by the employer and no COBRA information sent to the employee will end up being rough on her employers wallet.

His best bet is to contact the Department of Labor. In my freshly former career in HR Administration, I hated getting DOL calls. They take that stuff VERY seriously, and most companies will do whatever they can to resolve a "legitimate" issue when they come calling.

The issue of whether he can obtain retroactive coverage will end up being the election of COBRA, effective from the Termination date, to fill in the gap, and then getting coverage though his own employer. This would be the "simplest" option.

If the company is that far off the rails (Preparing for CH.11), there might not be anything to sue for by the time it gets to court.