LifeorDeath
Junior Member
What is the name of your state? TX
I changed jobs in July 2003 to a company that did not have health insurance benefits. I am a cancer survivor and it was (and is) imperative that insurance coverage be intact and continuous. The new employer agreed to pay my COBRA premium in lieu of health coverage while he searched for a company health plan. Under this agreement, the COBRA bill was sent directly to my employer and he paid the premium each month as agreed. In April 2004 a piece of mail was misdirected to my desk and it was a notice that my COBRA policy had expired for non-payment..a fact that I was completely unaware of and would have continued to be unaware of had the communication not been misdirected.
I approached my employer and he said he would take care of it but the outcome was that it was too late to recover the COBRA plan. It was also beyond the 63-day period allowed for creditable coverage that would have allowed me to obtain new coverage without an exemption for pre-existing conditions. My employer stated that he would expedite getting a health plan in place and interviewed several insurance professionals but no plan was ever placed. When I attempted to obtain private coverage, I was told by an insurance professional that it is likely that I may never be able to obtain insurance without an exclusion rider for cancer.
My last scan was in December of 2004 (when I was 2 1/2 years post cancer) and at that time there was no sign of the return of the disease. I am now symptomatic and cannot even obtain a scan unless I pay full price up front since I am uninsured. I simply don't have the money to afford that and frankly, I'm scared.
Has my employer acted unlawfully and, if so, to what degree has he become liable.
I changed jobs in July 2003 to a company that did not have health insurance benefits. I am a cancer survivor and it was (and is) imperative that insurance coverage be intact and continuous. The new employer agreed to pay my COBRA premium in lieu of health coverage while he searched for a company health plan. Under this agreement, the COBRA bill was sent directly to my employer and he paid the premium each month as agreed. In April 2004 a piece of mail was misdirected to my desk and it was a notice that my COBRA policy had expired for non-payment..a fact that I was completely unaware of and would have continued to be unaware of had the communication not been misdirected.
I approached my employer and he said he would take care of it but the outcome was that it was too late to recover the COBRA plan. It was also beyond the 63-day period allowed for creditable coverage that would have allowed me to obtain new coverage without an exemption for pre-existing conditions. My employer stated that he would expedite getting a health plan in place and interviewed several insurance professionals but no plan was ever placed. When I attempted to obtain private coverage, I was told by an insurance professional that it is likely that I may never be able to obtain insurance without an exclusion rider for cancer.
My last scan was in December of 2004 (when I was 2 1/2 years post cancer) and at that time there was no sign of the return of the disease. I am now symptomatic and cannot even obtain a scan unless I pay full price up front since I am uninsured. I simply don't have the money to afford that and frankly, I'm scared.
Has my employer acted unlawfully and, if so, to what degree has he become liable.
