what to do?

What is the name of your state? NY

I am recently divorced. I no longer am under my husbands health insurance. His attorney told my attorney that once the divorce was finalized I would still be covered under his policy for 30 days until I obtained my own health insurance. Needless to say this is not how his company policy operates, and my insurance was terminated the date the divorce became final. I was never informed of this. Needless to say I had some tests done which total to several hundred dollars. It would have cost me more to have COBRA pay for the lab test. (If I wanted this).

Because I was given the wrong information and should have been notified by my X(whom I feel deliberately kept this information from me) would should be responsible for payment of the lab tests? Thanks

No, you are responsible for the payment of the lab tests. You may be able to get back on insurance through COBRA (assuming the election time hasn't passed).

mggs said:

What is the name of your state? NY

I am recently divorced. I no longer am under my husbands health insurance. His attorney told my attorney that once the divorce was finalized I would still be covered under his policy for 30 days until I obtained my own health insurance. Needless to say this is not how his company policy operates, and my insurance was terminated the date the divorce became final. I was never informed of this. Needless to say I had some tests done which total to several hundred dollars. It would have cost me more to have COBRA pay for the lab test. (If I wanted this).

Because I was given the wrong information and should have been notified by my X(whom I feel deliberately kept this information from me) would should be responsible for payment of the lab tests? Thanks

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Unfortunately, what his attorney told you is irrelevant. Does your divorce decree say anything about it? If the decree says that he provides insurance for some time period, then he's responsible. If it's silent, your insurance is your responsibility.

COBRA is not automatic. I don't know the exact rules, but they have to notify you that you are eligible for COBRA and tell you how much it costs. It's up to you to decide whether you want it or not.

Since they didn't notify you, at worst, they might be forced to allow you to pay for Cobra for the relevant time and sign you up under COBRA. I don't see that they're going to have to pay your bills unless you pay the COBRA premium, though. They're only obligated to pay bills for members who have insurance. Since your insurance lapsed when you got divorced (*), they have no further obligations unless you're a member via COBRA.


* Check the plan provisions. There may be a notice period before they can terminate your policy. If so, none of the above applies and you can force them to honor that waiting period. If there's nothing about a waiting period in the policy, the above applies.