Cobra Laws - My Insurance Is In Jeopardy Due to Company Paperwork Erro

[Guest camann]

I have a question regarding the laws on cobra. I terminated my position with a major New York based retailer on 11/11/00. I recieved my letter of continuing coverage (cobra) form on 11/26/00. I recieved three messages from Doctors offices on 11/28/00 saying my coverage terminated on 10/11/00. I went back to the letter recieved on Saturday and the date of termination states 10/11/00, however the date the letter is issued states 11/17/00. I have phoned my former employer notifying them that there paper work is incorrect, and causing me alot of embarrasement as well as emotional distress one Dentist wants 585.00 by the end of the week. They have been less than helpfull. I gave a letter of formal resignation effective 11/11/00 and have copies of this, and I was working for this company as a manager until 11/11/00 my last physical day of work was 11/09/00 and the 10th and 11th were vacation days. I have a terminally ill spouse, and I need any advice you can give me. I don't know if they are going to take care of this and correct the paper work, but even if they do they will have violated the 14-day rule for me to recieve a correct form. I'm not sure if I should send in the form I have, I'm afraid that(cobra) will bill me from 10/11/00 and I have already paid for coverage up to 11/11/00. Thanks for any advice you can offer!

[KIP KRAUS]

Camann:

I’m not an attorney so I can’t give you legal advice, only friendly advice. However, there are attorneys out there that may be willing to give you legal advice.

COBRA, in general provides that you have 60 days from the date of the notice you received informing you of your COBRA rights to make your election. You then have 45 days from your election date to make your first premium payment. Whether or not your employer is willing to change the date that your coverage terminated is going to be an issue that you or an attorney may have to resolve. In the meantime, If I was you I wouldn’t let my 60-day election period expire and would elect COBRA coverage if I needed it for my spouse. I assume your spouse is eligible?

Get a copy of the medical plan Summary Plan Description (SPD) and see what the termination provisions are. The SPD will describe when coverage terminates.

If you have a problem getting a SPD you may want to try contacting the Insurer to find out what the termination of coverage provisions are and see if they will assist you. Employer can make mistakes and sometimes the insurer can intervene on your behalf.

[Mary C]

Also, you should be aware that the time period for notifying you is 44 days, not 14 days, from the date you terminated or lost coverage. Usually sending a letter to the COBRA administator (who sent you the COBRA notice)and your employer's HR dept. (not just your store location)along with a copy of your last pay stub showing a deduction will get them to correct their records. Since you definitely need the coverage, elect now and pay back to 10/11 if need be until the dates gets straightened out. Good luck.