My question involves insurance law for the state of: New York (NYC) and NJ
I worked in NYC and live in NJ
I need help in the following situation.
1) I went on COBRA effective Oct 2010. The employer changed carrier in Jan 11 & I wasn't made aware of open enrollment until Jan 13th, I did not know when was it going to be effective from. Therefore I kept sending payment at the old premium rates.
2) I did not receive any ID for new carrier until today. First the employer made stories we did not receive your enrollment etc. but they were getting payment on time.
3) In February when it came to my knowledge about the carrier change I followed up again with them and sent them copies of my election with check as per new rates.
4) Earlier HR person said she will waiver January and get me enrolled in, I think she was trying to get me enrolled from Feb 11,
5) Later she mentioned "oh i dont know what;s going on with your COBRA but you are enrolled from 1/1/2011 and demanding payment for difference of Jan,
My contention is she should have waived January premium completely. It has been 2 months and 10 days already and i still dont have the ID's. yesterday she gave me the 800 number to call Oxford and find out about temp ID etc.
What recourse I have to deny the premium for the period which I did not receive the ID?
What are employers responsibilities when the carrier changes, they are getting premium paid and employee still doesnt get new enrollment?
Please advise ASAP.

