COBRA Problems

[Zoe123456]

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

I timely elected COBRA and timely paid and have written evidence of same. The COBRA administrator admits that I timely elected and paid. It is over 60 days since my election and 60 days since my first payment. The insurance company says they have received nothing from the COBRA Administrator and they say that they sent it and there is nothing more they can do.

I called the IL Department of Labor Insurance Division and they forwared me to the US Department of Labor COBRA department. The gentleman at the USDOL tried calling, with me on the phone, both the insurer and the COBRA administrator and even with him on the phone I was able to get no help. The COBRA administrator even refused to allow us to speak to a supervisor claiming it was against their policy. I imagine they are using HIPPA privacy to avoid the conversation, but they did not say exactly that. I was on the phone, but they would not let me waive any privacy issue.

Now, the USDOL has tried to call my former employer as they are ultimately responsible for COBRA even though they use a contracted COBRA administrator, but they have not yet called him back and since they never call me back I'm not sure they will call him.

I have looked at the penalties for COBRA non-compliance and they look pretty low and it leaves me wondering if it's just cheaper for these companies to violate the law than fair deal with people.

I am wondering how I go about filing a lawsuit. Can an individual sue under the COBRA law or do I have to leave compliance to USDOL and if so, what will they do or to be more specific, what should they do as I'm worried they might not do anything.What is the name of your state (only U.S. law)?

[cbg]

I suggest that you discuss the situation with an employment attorney. If a lawsuit can be filed given your specific circumstances, he will know how.

[MellowCat]

9 times out of 10, COBRA will expend a great deal of resources trying to screw you. I hope you sue the pants off of them.

[TIMMAAYY]

COBRA is just a set of laws that allow you to carry on your employer health insurance for a time after you leave employment. COBRA is not an entity.

[MellowCat]

Originally Posted by TIMMAAYY

COBRA is just a set of laws that allow you to carry on your employer health insurance for a time after you leave employment. COBRA is not an entity.

Regardless, in my many years of claims filing, EVERY SINGLE PATIENT that had COBRA coverage would encounter a nightmare of "lost Cobra premiums" and "we never got the paperwork," etc. I'm not kidding or exaggerating. I handled not one single COBRA-covered patient that had their medical claims paid without an almost comical degree of a manufactured bull**** by the administrators. Whoever these administrators were, they sure were determined that for the patient to "enjoy" that COBRA coverage, they would make their lives a living hell as long as possible before ponying up the reimbursements. Again, I said EVERY SINGLE ONE. That tells me there is WAY too much abuse allowed under COBRA. I say someone needs to get the crap sued out of them.

[TIMMAAYY]

Well, you're SOL because you can't sue COBRA. It's just a set of laws that allow an employee to remain on their group insurance plan, as an ex-employee, for a given period of time, but NOW they have to pay the full premium themselves. This is why I always ask a group for their COBRA rates. This is their true cost of premiums.



You might as well try suing HIPAA while you're at it.

[ecmst12]

There are some companies that ADMINISTER Cobra plans that are unethical and try to make things more difficult for enrollees. This mostly means that if you are on Cobra, you have to be extra vigilant and not expect the administrator to help you.