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  1. #1

    Default COBRA Continuation Delayed by 70 Days

    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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: COBRA Continuation Delayed by 70 Days

    If you're looking for something in the law that will force HR to waive all premium for the period in which you did not have the ID, you're not going to find it. Coverage does not start on the day you receive the ID; it starts on the day you are enrolled from. If you were covered for that period, you owe the premium whether you had an ID card or not.

  3. #3

    Default Re: COBRA Continuation Delayed by 70 Days

    what about the default on employer's side? They did not provide me information for 70 days even after collecting the premium. Is there any provision in the law that I can take an action on them? I have lttle kids and l couldnt take them for shots and I could not get my prescription medicine. I

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: COBRA Continuation Delayed by 70 Days

    The worst that's going to happen to them for lack of information is going to be a slap on the wrist, at best, since you ultimately DID get coverage. You haven't won the lawsuit lottery here.

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