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cbg

I'm a Northern Girl
Just so you know who you're talking to, if you worked for my (famous) employer I'd be the one you were in touch with on this issue. I wouldn't be the one making the final decision on what you lost and what you kept - that would be someone in our Compliance area. But I've worked for them long enough to have a pretty good idea what they'd decide.
 


Rdp31783

Member
Will do. I worked for Johnson Controls in corporate middle management and HR was very on the ball always there. Guess I trusted too much what they were doing at this smaller company. Won’t make the same mistake and yes I shall keep my fingers crossed. I don’t like the thought of being anymore in debt after college.
 

Taxing Matters

Overtaxed Member
If normal coverage was no longer available, would COBRA not have had to have been offered?
If the employee is covered under the employer's plan and loses coverage because his/her hours drop below the minimum needed for coverage, that is a qualifying event for COBRA starting the day that the hours drop below what is required for coverage. The Department of Labor (DOL) COBRA publication for employers spells all of that out.
 

ajkroy

Member
Yes, but the COBRA enrollment period has likely elapsed. If it hasn't, this is definitely the best option. In addition, if the OP was entitled to medicaid or any other services due to being uninsured, he has probably missed those, too.

Now, if the patient is expected to pay back the discounted rates paid by insurance less the cost of his premiums, there will be a measure of savings there, but I doubt that is what will happen. The insurer will probably just take back the entire amount from the providers/hospital/labs, etc.

Depending on OP's initial condition, there was probably less of a hassle getting care initially because the hospital thought he was insured, so there is value in that. Otherwise, I do think there is some responsibility on the employer's part to try to fix this mess.
 

t74

Member
Yes, but the COBRA enrollment period has likely elapsed. If it hasn't, this is definitely the best option. In addition, if the OP was entitled to medicaid or any other services due to being uninsured, he has probably missed those, too.

Now, if the patient is expected to pay back the discounted rates paid by insurance less the cost of his premiums, there will be a measure of savings there, but I doubt that is what will happen. The insurer will probably just take back the entire amount from the providers/hospital/labs, etc.

Depending on OP's initial condition, there was probably less of a hassle getting care initially because the hospital thought he was insured, so there is value in that. Otherwise, I do think there is some responsibility on the employer's part to try to fix this mess.
Is it not the employer's responsibility to offer the COBRA coverage? If the employee is deemed after the fact to be ineligible for normal coveralge, the COBRA should be in effect at the same tine so that there would be no lapse in coverage just adjustments of payments for the insurance. It is unreasonable for the employer to retroactively cancel insurance and not retroactively offer COBRA.
 

t74

Member
If the employee is covered under the employer's plan and loses coverage because his/her hours drop below the minimum needed for coverage, that is a qualifying event for COBRA starting the day that the hours drop below what is required for coverage. The Department of Labor (DOL) COBRA publication for employers spells all of that out.
That is what I would have expected. Please see post above, TaxingMatters.
 

cbg

I'm a Northern Girl
Yes, but the COBRA enrollment period has likely elapsed. If it hasn't, this is definitely the best option. In addition, if the OP was entitled to medicaid or any other services due to being uninsured, he has probably missed those, too.

Now, if the patient is expected to pay back the discounted rates paid by insurance less the cost of his premiums, there will be a measure of savings there, but I doubt that is what will happen. The insurer will probably just take back the entire amount from the providers/hospital/labs, etc.

Depending on OP's initial condition, there was probably less of a hassle getting care initially because the hospital thought he was insured, so there is value in that. Otherwise, I do think there is some responsibility on the employer's part to try to fix this mess.
If the employer is cancelling coverage retroactively, they would be very foolish to deny COBRA on the basis that the enrollment period has expired since that would be the equivalent of denying him COBRA altogether. I think the DOL would look askance at that. He has to be given the opportunity.
 

Rdp31783

Member
If the employer is cancelling coverage retroactively, they would be very foolish to deny COBRA on the basis that the enrollment period has expired since that would be the equivalent of denying him COBRA altogether. I think the DOL would look askance at that. He has to be given the opportunity.
That’s what I thinking was their impropriety in the matter yesterday. They aren’t offering me COBRA now. I was never offered COBRA as an alternative, which I would’ve taken. Not to remove my responsibility in the matter. If they want to charge me $1,200-$1,400 for the last six months, which is the portion they paid on medical, or leave me to the possible 100k the hospitals are going to charge me I think it’s apparent which one I will take. It’s certainly a mess I won’t get into again.
 
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cbg

I'm a Northern Girl
Y'know, if they're not allowing you COBRA, I think you really need to take Tax's advice and speak to an attorney. They MUST offer you COBRA when your coverage ends.
 

Rdp31783

Member
Y'know, if they're not allowing you COBRA, I think you really need to take Tax's advice and speak to an attorney. They MUST offer you COBRA when your coverage ends.
Doing that today. I have it in writing where I asked about COBRA when I found out what was going on and she said I was no longer eligible. This forum and you all were a lot of help. Definitely will take it to an attorney.
 

cbg

I'm a Northern Girl
I wouldn't want to be in their shoes. I can just barely justify their retroactively cancelling your benefits (as long as your investigation of the SPD shows that you weren't eligible for them) but to then turn around and claim that you're not eligible for COBRA because it's been too long is really beyond the pale.
 

Rdp31783

Member
I wouldn't want to be in their shoes. I can just barely justify their retroactively cancelling your benefits (as long as your investigation of the SPD shows that you weren't eligible for them) but to then turn around and claim that you're not eligible for COBRA because it's been too long is really beyond the pale.
It didn’t seem right to me and when they said I would be retroactively charged on top of not being allowed to have COBRA. That’s when I decided I wouldn’t return unless they made it right in some way. I’ve given them ample time to sort something out, the beginning of July.

This has nothing to do with the law side but my luck has been nothing short of terrible this year. After a routine operation a couple bad night nurses didn’t give me antibiotics. I then I developed an issue with my ileum and had to have a tube put down into my stomach for four days. While recovering I developed a bacterial infection because of a reaction to the type of antibiotics I was given. My intestinal flora is still off and I’m at risk still to be reinfected. I have no insurance, no job even if I wanted to return as they won’t clear me until I sign things absolving them, and what seems to be a legal battle I didn’t want ahead. I dodged the possibility of dying three times for all this when I just wanted to work and live my life. No more woe is me. Just vented. Take care. I’ll update you guys on the situation as I find out anything.
 

cbg

I'm a Northern Girl
Please do. This employer seems to want to have a piece of both pies at once.
 

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