Conexis claims payment not rec'd, now what ?

[Frustratd in CA]

What is the name of your state (only U.S. law)? California
On Friday 8/29/08 at 4:00pm Pacific time I attempted to make my payment online via their website, as I had done so for the previous 3 months I have been on Cobra. I thought that I had remembered what my password was but none of my normal passwords would work. Per their site’s instructions I clicked on the link to request that my password be reset. I asked that my password be reset ASAP, as I needed to make an online payment by 8/31/08.

I checked my email account later that afternoon, that night and again the next day Saturday 8/30/08. Since I had received no response from them I felt I had no choice but to mail a check payment to their P.O. Box in Orange, California. I mailed the payment from Anaheim, California on Saturday 8/30/08 and it was postmarked 8/30/08. With this being Labor Day weekend I figured that they would probably receive my payment on Tuesday 9/2or Wednesday 9/3 since the town of Orange is next door to Anaheim.

I attempted to log in to their website again on Tuesday morning 9/2/08 but couldn’t since my password still hadn’t been reset yet. I sent in a second request to have my password reset and this second request was acknowledged and responded to. I was able to reset my password and gain access to my account information. I have been in contact with their company every day since looking to verify receipt of my payment.

When I checked my email account yesterday, I was surprised to find that my original email to them back on 8/29/08 was finally being acknowledged. This is TEN days after the fact. If I had received a timely response from them back on Friday 8/29/08, or even on Saturday 8/30/08 I could have still made my payment online. I was forced to mail my payment to them, but even with the Holiday weekend, since my payment envelope was postmarked 8/30/08 I felt okay in doing so.

Now they are cancelling my cobra for non-payment, saying my check never arrived ! Do I have any recourse, since they didn't respond to me in a timely fashion prior to 8/31 ? Or what about the fact that 8/31 was a Sunday and Monday was a federal Holiday ? Would that extend my due date to 9/2 ? I even tried to make an online payment on 9/2 but was locked out from that portion of their website.

Since I was technically cancelled due to non-payment of premium (and I have a pre-existing condition) what kind of medical insurance can I get now ? Can I pressure my employer to re-instate my Cobra coverage ? I expect to be back at work by the end of this year from my Workers Comp. claim from 2007. My employer stopped paying for medical effective 5/1/08 since I am technically a less than full-time employee while on W/C. Sorry so long, but I wanted to include the majority of the facts. Thanks.What is the name of your state (only U.S. law)?

[ecmst12]

You did wait until the last possible minute to try to make the payment, after close of business on the last business day before the due date. You forgot your password. Neither of those things is anyone else's fault. You also sent the check via regular mail instead of overnight even though you knew it was due on the first and they don't have to accept it if received even one day late (though if they'd gotten it on the 2nd, they probably would have taken it).

As long as your break in coverage is not more then 63 days, you don't have to worry about pre-existing conditions.

[vestagrayanna]

I found a Conexis website (won't say it applies to you for sure) that indicates there is a 30 day grace period for making COBRA payment. In general, I think that there is a 30 grace period for COBRA payment to which I haven't been able to find an exception. Not there isn't one, but I haven't found one. Also, I think that the postmark is the definitive date of payement by any rules I can find. Not that there isn't an exception, but I haven't found one. So as long as your COBRA payment was postmarked 083008 and making your account completely current, I would think you are okay. Argue the point. But, I have a question. Did they cash the mailed check? Also, considering that I think you have 30 days grace, I also think you are still in the payment window. Make calls, do whatever you have to do and make that payment. Don't be buffaloed (sp?) But, I agree that online isn't safe when talking about being able to verify access / payment dates etc. You did kind of wait to the last minute, so be prepared. As to the other insurance, if your same employer (or another with group insurance) does put you back to work before the 63 days emst12 mentions, you'll be okay as far as pre-existing conditions. (There is an exception to that, but post back if you go to work for a new employer that is a municipal, state, federal, or charitable-{not just not for profit}-entity.)

[ecmst12]

I think you just made all that up. There is NO legally mandated grace period for COBRA payments. The administrator can cancel the policy if the payment is ONE DAY late, regardless of the reason, and no amount of begging or threatening can force them to reinstate (though they may choose to do so).

[tranquility]

Having my wife go through COBRA with conexis I believe both are true. I recall a 30-day grace period in the paperwork from Conexis, but the law does not require it.

[cbg]

Actually, a recent change in COBRA law does grant a 30 day grace period.

However, somehow I'm getting the impression that the payment was due on 8-1 and the poster had waited till the end of the grace period to make payment. If that is the case, she is out of luck. They are not obligated to give her STILL another extra couple of days because she waited until after business hours on a Friday to make payment. Nor does the holiday make a whit of difference; the payment was due BEFORE the holiday.

[vestagrayanna]

Originally Posted by cbg

Actually, a recent change in COBRA law does grant a 30 day grace period.

However, somehow I'm getting the impression that the payment was due on 8-1 and the poster had waited till the end of the grace period to make payment. If that is the case, she is out of luck. They are not obligated to give her STILL another extra couple of days because she waited until after business hours on a Friday to make payment. Nor does the holiday make a whit of difference; the payment was due BEFORE the holiday.

You know, I woke up this morning and this post hit my mind. That is exactly what I meant by being current with payments even though I was assuming the poster was meaning the payment due 090108. But, when I reviewed it in my head and thinking about it, I agree, I think quite likely the poster was already in arears and paying the 080108 payment. In which case, poster would not still be in the payment window thru Sept as I said. But if postmarked 083008 as claimed, it should give the poster coverage thru August without being cancelled for non-payment.

[vestagrayanna]

As another aside, I base my opinion of the 30 day grace largely on experience. I'm not trying to be difficult, but I do think there has been a statutory 30 day grace for some time. I admit, in this evening's time frame, I can't find the actual statute, I can only find a reference to the 30 day statutory requirement in 29 cfr 2560. However, I also find DOL informative materials defining that same 30 day grace. (All of which are years old, not recent.) So, to reiterate, I think the 30 day grace has applied for some time. But, I would like to know more about the recent change that cbg mentions because that is a factor I am not aware of that certainly has further bearing on COBRA payments and administration.

[vestagrayanna]

This should have been a part of the previous post, but my ineptitude at the computer prevented it.

A provider may cancel coverage during that 30 day grace, but then retroactively reinstate coverage if a payment is made within the 30 day grace. What I mean is that any provider attempting to verify benefits / coverage for a participant on COBRA coverage who is not paid in advance of the 30 days, can be / will be told that coverage has terminated. However, if a service is subsequently provided within the 30 day grace and then payment made within the 30 day grace, the payer will need to retroactively reinstate coverage. COBRA premiums are (should be) made in advance of the coverage period. So when a payment is due on xx01xx, that payment provides coverage through xx30xx. (I'm not going to get into the 31 day month yet to split hairs, the presumption by the entities is a 30 day consistent monthly period.)

[vestagrayanna]

Correction. In my first full paragraph of the previous post, "a provider" should be replaced with "a payer" /"insurer".

[ecmst12]

I'm going to go with CBG that the payment was actually due on 8/1 but OP was treating the end of the grace period like the due date. In which case, he's SOL.