Legal Question in Insurance Law in Louisiana

Health Care Portibility and new corporate structure

In 1996, my husband took a job with a small company. The insurer wanted forms filled out that the doctor�s office wanted money (we didn�t have) to fill out. The insurer�s employee that did the interviews, told him they �would deny coverage� if I were on the plan. He waived coverage.

Some months later a new ownership group bought selected assets of the company. The visible change was the change from XYZ, Inc to XYZ, LLC. The new ownership group never offered us insurance. Once in early �98 my husband discussed (in tears) the situation with his superior (the managing partner.) While the employer implied that insurance at least on the employee was feasible, he never did any more.

Here is the question. Did the waiver survive the sale? (They got W2 forms from BOTH companies the year of the sale.) Is there any recovery to be expected for the employer�s bad faith? (We need the job. Getting fired for admin penalties is not in the interest of our family.) What are our rights?

BTW: I have Lupus and am pretty much unable to work. I am considered totally and permanently disabled by SSA. I am covered by Medicare now, but was not before 1999.

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