COBRA need advice - employer never sent any notices to me and cancelled my insurance

[wildthing9]

What is the name of your state (only U.S. law)? MI

Employer terminated me on October 14 2008. My separation agreement states that I am eligible to elect COBRA. The employer has not sent me any information on electing COBRA. However, they did continue to pay the monthly premiums.

The new plan year was February 1, 2009. Just this week I found out that they cancelled my health insurance effective on Feb. 17, 2009. I did not receive any notice that they were doing this.

I also have not received any notification of the COBRA continuation coverage assistance that was required to be sent to me by April 18 under the American Recovery and Reinvestment Act.

Former employer does have over 20 employees.

I need to contact the former employer ASAP, as I have 2 prescriptions waiting for me to pick up that I need.

What wording should I include in an email to them to fix this problem today!
Thank you!

[FlyingRon]

You better go pick up your prescriptions. You're not going to get retroactive coverage at this point. I'm not sure where you are getting a date of April 18 from. You had 60 days from when you were terminated. It matters not how long they continued to pay for your coverage.

The required notice given you is pretty generic and it's quite possible your termination stuff did contain it. It only needs contain the plan administrator information not explicit information on how to sign up for the coverage. Further the notice doesn't have to be given to you at termination. They can (and typically) do provide it whenever they switch to a new carrier or when you are hired.

You needed to be proactive about pursuing the cobra election within 60 days. You can't sit around and wait for them to mail you sign up forms. They're not under any obligation to do that.

[mlane58]

Originally Posted by FlyingRon

You better go pick up your prescriptions. You're not going to get retroactive coverage at this point. I'm not sure where you are getting a date of April 18 from. You had 60 days from when you were terminated. It matters not how long they continued to pay for your coverage.

The required notice given you is pretty generic and it's quite possible your termination stuff did contain it. It only needs contain the plan administrator information not explicit information on how to sign up for the coverage. Further the notice doesn't have to be given to you at termination. They can (and typically) do provide it whenever they switch to a new carrier or when you are hired.

You needed to be proactive about pursuing the cobra election within 60 days. You can't sit around and wait for them to mail you sign up forms. They're not under any obligation to do that.

The employer has 44 days from the date of termination of coverage to send a election notice and then the employee has 60 days from then to elect coverage.

[wildthing9]

I'm not sure where you are getting a date of April 18 from.
The American Recovery and Reinvestment Act requires employers to provide notice of the new cobra continuation insurance elections to employees who were terminated from 9/1 to 12/21/2008. This is not an option for employers. (to those who might read this please read the Act as there is more to it than this) The laws have changed!

It matters not how long they continued to pay for your coverage.
I am completely aware that the cobra election and payment of the premiums are two separate issues. I used to administer all of the HR for the former employer.

The required notice given you is pretty generic and it's quite possible your termination stuff did contain it. It only needs contain the plan administrator information not explicit information on how to sign up for the coverage.
I only received a separation agreement and no other pieces of papers. The agreement did not contain any plan administrator info.

Further the notice doesn't have to be given to you at termination. They can (and typically) do provide it whenever they switch to a new carrier or when you are hired.
An employer is required by law to submit notices. Once upon hire and the other at the time of the qualifying event. I have not received the later. The fines to employer for not complying with the cobra laws are quite substantial. I would prefer to settle this without having to file a complaint with the DOL.

You needed to be proactive about pursuing the cobra election within 60 days. You can't sit around and wait for them to mail you sign up forms. They're not under any obligation to do that.
I disagree. How about if my former employer gets proactive about their legal responsibilities! If you don't receive a notice at the time of the qualifying event, how would an employer know if I was electing or rejecting cobra? How would an employer document their compliance with the cobra laws? How else would I receive the paperwork to elect cobra?

I believe that what I am dealing with is a successor does not have a clue on how to administer health insurance, especially cobra.

[cbg]

If you used to administer all of HR then how is it that you don't know where to report COBRA violations? That's HR 101.

[wildthing9]

If you used to administer all of HR then how is it that you don't know where to report COBRA violations? That's HR 101.

As I said in my previous email, I didn't want to file a complaint with the DOL.

This is my very first post on this website. I am expecting help from folks and not sarcastic remarks from people who don't take the time to read an entire email.

I am respectfully asking that you do not answer any of my future questions.

[mlane58]

Originally Posted by wildthing9

If you used to administer all of HR then how is it that you don't know where to report COBRA violations? That's HR 101.

As I said in my previous email, I didn't want to file a complaint with the DOL.

This is my very first post on this website. I am expecting help from folks and not sarcastic remarks from people who don't take the time to read an entire email.

I am respectfully asking that you do not answer any of my future questions.

Guess what Chief? you don't get to decide who responds and who doesn't. As cbg stated, if you were in HR before, you would know what to do, so why don't you contact the employer and make an inquiry and quit whinning, oh I am not being sarcastic either!!!!!!!!!!!!!!!Your attitude might be the reason you no longer work for this employer and in HR.

[cbg]

If you don't want to contact the DOL so be it. But it's not my problem that you don't want to follow the established lines of procedure. When I write other people's letters for them I get paid for it.

[wildthing9]

I am afraid I didn't provide enough information. The prescriptions I need to get cost over $900. I have been unemployed for over 6 months and I do not have any money to cover the cost of these meds.

I am scared to death that I won't be able to get health insurance and Rx drug coverage due to my employer's mistakes.

miane 58 -
I feel your perception of the situation is the complete opposite of what has actually occurred. The former employer has done everything to screw me over. Even though I have a separation agreement with this employer, emailed, called, etc., it took them over 4 months to finally pay me my vacation pay. They owe me over $2K in expenses they need to reimburse me for and the same thing...I have emailed and called them with no success. They are currently in a bad cash flow situation. I never administered hr like this. I always helped the terminated employee so they would leave the company with a good feeling. I feel the real problem is that I am too nice and people tend to take advantage of me.

If I am understanding your email correctly, your recommendation is that I contact the former employer by email and see what happens. Thanks for the advice.

cbg -
To clarify, I didn't ask you to write a letter. I need a strategy!

If I am understanding your email correctly you are suggesting that I should contact the DOL & let the chips fall where they may and that contacting the former employer is a complete waste of time. I have never dealt with an employer who did not know how to administer cobra. I honestly don't know how to address this. Thanks for the advice.

[cbg]

If the employer is not cooperating, a letter is not going to change their minds. I don't understand why you are so adamant about not going to the DOL. They have the authority to force the employer to cooperate. You do not.

But if you are determined not to contact the DOL, then the only "strategy" I can suggest is to have a lawyer write the letter for you.