Legal Question in Employment Law in Colorado

COBRA question - dispute with former employer

I quit my job at the end of Jan. to move to another state. I let the HR people know that I would be moving to CO from CA and they sent me the COBRA paperwork, which I completed and submitted along with payments. I sent 3 checks to them for my COBRA payments, on time. They cashed them all. On May 5,I get a phone call from my former employer telling me that my insurance has informed them that I am ineligible for COBRA continuation when I move outside the Bay Area. Which means I and my son,have had no health insurance since Jan 31. My issue is that I took my son to the Dr. 3 times in this time period undert the assumption that I had insurance. I even called my former employer and the insurance company a couple of times wanting to know when I would get my new card. My former employer told me that it takes awhile, but that it would be fine to go to the Dr., that it would be retroactive. Now, I find out I had no insurance and that means I will have to pay for those Dr. visits out of my pocket. I feel they should be responsible for those costs. Isn't the HR person's job to find this stuff out? I feel they are responsible, not me. Am I wrong in this situation?


Asked on 5/23/06, 2:38 pm

1 Answer from Attorneys
Blair Brininger Blair Brininger

Re: COBRA question - dispute with former employer

You need to request a copy of the plan and the summary plan description from your former employer. You also need to make a separate request for the policy from the insurance company. Send the two requests via certified mail return receipt requested. Keep a copy of the request and the green cards (certified mail receipts). If you do not get the documents within 31 days of their receipt of your request you can sue for penalties of up to $110/day for each day starting on day 31. A potential penalty that is big enough will convince them to pay your bills.

If you get the documents read them carefully to see if there are geographic limititations. If there are, and the premiums you have paid are greater than the doctor bills then you want a refund of the premiums. You also need to get new insurance in case there is a geographic limitation.

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Answered on 5/25/06, 1:25 pm


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