Employer gets health policy canceled for nonpayment of premium, yet ca

[Guest ddunca03]

Employer's health plan was canceled for issuing bad checks. I was placed on disability due to a lung transplant and elected COBRA coverage. I filed out the forms and sent in six months premimums (six checks) October and Novembers checks were cashed. Now I learn from insurer that coverage for the group was canceled October 1st because employer submitted NSF check. I was notified in late December long after 62 days had passed. Now I am uninsurable. What rights do I have and how do I procede?

[Guest William Hoversen]

Collect your SPD, your cancelled checks, and any other documents you have relative to your coverage, and don't walk - RUN - to a private attorney. You have several theories availble to you under ERISA. Good luck!

[jeanine]

Just in case you are unfamilar with the lingo of this site, SPD means a Summary Plan Description. You also want your Benefits Book, all of the COBRA info you were given, etc. Do you know if your coverage was an actual insurance policy or did your employer self-fund? This can be a crucial distinction as to your remedies. If insurance, what state was the policy issued in?

[Guest ddunca03]

Coverage was an actual insurance policy. The employer was based out of Texas so I suspect it was funded there, although my surgery and actual employment location was in Illinois. Should I obtain an attorney in Texas or Illinois. I am running as best I can.

[jeanine]

Contact an atty in Illinois since that is where the harm occurred. In addition to contacting an atty right away, try contacting both states' dept. of insurance for any free help they might offer.(check states' govt website) Some states have guarantee issue policy laws (check insure.com website), other states have statutory open enrollment for HMO's which may be one way of getting you insured. Good luck, you are in for a difficult fight.

[Guest William Hoversen]

After reviewing the new comments, it occurred to me that Illinois has a program, CHIPS, which is an acronym for Comprehensive Health Insurance Program. It is essentially a state program offering health insurance to "eligible" individuals. Enrollment is only offered to Illinois residents who cannot obtain private insurance. It has been several years since I had anything to do with the program, but I'm sure that an insurance broker would be able to help you out. The last time I had anything to do with CHIPS, there unfortunately was a long waiting list, but it might be something you want to look into.