I paid my COBRA premiums to employer they did not pay insurance compan

[Guest Hayangle]

Hi,

I received forms for continuing coverage from my previous employer which I elected to continue coverage and have been mailing my premiums to my former employer (as directed by them)They have cashed the checks. My son was sceduled to have a heart procedure at Riley Hospital. The hospital called me to inform me that they contacted the insurance company and that my former employer has not been covered as of 9/1/02 due to nonpayment of premiums. I called my former employer and they said they are trying to get reinstated under the policy. I have had to rescedule my sons heart procedure due to no insurance.That was over a week ago and the insurance company said we still are not reinstated and my former employer said they will call me back as soon as they hear something. What if they are not reinstated? Will I have lost my coverage? I have paid for this insurance since mid August.

[Demosthenes]

Don't wait, contact an attorney, now! Preferably one experienced in the nuances of employee benefits and COBRA.

With a non-payment of premium running 60 days as well as the prospect of a substantial claim under the policy on the horizon, the insurance company is going to resist any bid to reinstate coverage unless they are clearly at fault.

Normally, I favor negotitated resolutions to benefits related issues, but the seriousness of you situation certainly seems to me to warrant the use of a legal advisor.

Since you are on COBRA coverage, the possibility exists that you are currently unemployed and would be concerned about the initial costs for an attorney's services. Many law firms will do an initial consult for free and if it's a good case take it on a contingency basis, others willl take the case pro bono, faiing either of those, your local Legal Aid Society may be able to assist.

[mroberts]

When's the last time you contacted your employer? Why are you waiting for a call back? As indicated in the other benefits forum you posted in, check back with the employer every 2 days. I agree with Demo that it is a serious situation based on your son's health, however, I disagree about contacting a lawyer right now. The company has acknowledged the mistake and is working with the carrier to rectify the situation. Call back your employer right now and explain the seriousness of the situation and indicate that if you are not reinstated shortly, you will have no other recourse than to contact a lawyer. If you don't get resolution by Monday or Tuesday of next week, then I would go ahead and contact a lawyer.

[Jbentz]

If I understand correctly, the employer has not paid ANY premiums for any of their employees, right? So they are trying to reinstate the entire plan? After 60 days, this will not be an easy task, and the company might be stringing you along, knowing they have really screwed up.

If this is the case, if they do not pay, they cannot continue your COBRA since their is no plan. This is a bigger concern to you and your son due to the HIPAA pre-x laws regarding the 63 day gap in coverage with any future coverage you might have.

I would call the company and go to the top. Also contact the Department of Insurance in your state (Indiana?) and ask for an application for the state uninsureds risk pool. You also need to file a formal complaint to them. I would contact a lawyer today and get the ball rolling.