cobraparticipant Posted January 10, 2023 Posted January 10, 2023 I enrolled and paid for COBRA coverage starting 10/1/2022 from Company A which I was an employee. I voluntarily terminated Company A in September 2022. Company B acquired Company A in 2022 in an all stock sale and continues operations offering remaining employees 2023 benefits from Company B. Despite several written communications to the merged Company proactive seeking revised COBRA coverage elections from Company B health plan(s) before 1/1/2023 (and prior to employee annual enrollment), the merged Company failed to provide notice of continuation options and payment arrangements for annual elections to continue COBRA coverage prior to loss of coverage on 1/1/2023. Any suggestions for how to retain legal assistance or rights to address health related costs, damages, and any possible non-compliance liability due to loss of coverage? The plan administrator is now behaving as if I did not make payment by new period. No notice of 2023 enrollment information about plan options or payment arrangements were provided before coverage lapsed on 12/31/2022.
Luke Bailey Posted January 18, 2023 Posted January 18, 2023 cobraparticipant, based on your description (which could be incomplete) it seems like the plan would need to continue COBRA. Unless you have a very expensive illness, there is no reason for the plan not to want to continue to take your premium and provide coverage. I think you need to keep communicating, i.e. letters and phone calls to make them understand this is a snafu. If you want to elevate, then get legal counsel. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
Brian Gilmore Posted January 18, 2023 Posted January 18, 2023 Agree--you could also try the "Make a Complaint" option with the DOL folks at EBSA: https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa
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