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COBRA & Cal-COBRA Open Enrollment Notifications

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Jenaque

Junior Member
What is the name of your state (only U.S. law)? CA

Good Morning --

To whom do I report COBRA/Cal-COBRA employer notification failures?

I was employed as Administrator of a well established San Diego law firm. When the economy crashed a couple of years ago, I became a cost-cutting victim and my employment was terminated. My duties were divided among remaining employees, with the bulk of them (including insurance) being assigned to the in-house accounting clerk. When the insurance open enrollment period rolled around that year, I was NOT notified or provided with any information in that regard by the firm. Several weeks later, after the enrollment period closed, I was notified by the insurance company that my premiums had changed. After many, many weeks of e-mails and phone calls with the firm itself and its outside insurance broker, I was able to get the whole mess straightened out.

Well, another year has passed and, essentially, the same thing has happened again. The difference is that the accounting clerk has moved on to a job with another firm and the wife of a senior partner has been named as Administrator. Another year has passed and, once again, I was not provided with open enrollment information and didn't become aware that it had passed until I received a letter from the insurance company stating that my premiums had nearly doubled! So, back to the e-mails and phone calls. The latest response from the insurance broker is, "You are absolutely right about time frame, but [the firm] has a new administrator Maria A**** and she did not know that she needs to send you the information regarding the open enrollment. And we even don't know if [the insurance company] will switch you to the HMO plan."

Now I'm back to spending a great deal of my time straightening out this mess. I don't know whether it has affected any other former employees of the firm, but it would seem to follow that it has. I've gotten to the point where I believe the firm should be sanctioned/fined for these errors in hopes it will result in them not making the same mistakes in the future.

Thank you for your time.What is the name of your state (only U.S. law)?
 


cbg

I'm a Northern Girl
COBRA runs for 18 months.

It seems that the reason you did not receive any notification this time, is that you've reached the end of the available time. (And no, they were not required to provide you with notice of that fact.) At least, you have no statutory right to more than 18 months of COBRA. So I'm not sure how far you'd get with a complaint now.
 

Jenaque

Junior Member
You are correct -- COBRA is granted for an initial period of 18 months. However, Cal-COBRA kicks in after all COBRA extensions have been exhausted. The firm's failure to notify me in 2008 was for COBRA, and in 2009 for Cal-COBRA. Same notification issues (two different "COBRAs") two years in a row.
 

cbg

I'm a Northern Girl
Then contact the CA Department of Insurance and see what they say. It's unlikely that the US DOL will do anything at this late date, particularly since you did get the coverage for the last year, and since you have no further right to additional Federal COBRA, it's out of their hands.

The CA DOI will tell you what, if any, steps you can take.
 

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