Legal Question in Insurance Law in New York

What if your employer has not offered cobra?

I resigned as a full-time employee and changed my status to per diem on June 11, 2004. The insurance from my employer was to terminate on June 30. I still have not yet received any COBRA election package. At the end of July, I called my employer and they state they have already sent all my information to the COBRA administrator. I have called the COBRA adminstrator several times and they said they have still yet to receive any information from my employer. The COBRA administrator state that is is not their responsibility to follow up, but it is the employer's responsibility to get the information to me. Now I'm in the middle because my employer says they have already done their part. I understand my employer has 30 days from the day I changed status to contact the COBRA administrator of that information, and the COBRA administrator has 14 days to contact me. In addition, I realize I have only 3 months to apply for COBRA. I currently have no insurance and may need to have surgery. What are my legal alternatives to resolve this issue?


Asked on 8/06/04, 9:27 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: What if your employer has not offered cobra?

I would suggest that you make sure you have all of this is writing to your employer and Insurance administrator, as well as the company who should be continuing your insurance; if your coverage has already lapsed something is wrong.

Write again and call the Insurer to find out their position-explain you had a group health policy, did not receive the appropriate paperwork to pay for your COBRA, and follow it up in writing to everyone. The Insurer is obligated under federal and state law to continue your coverage so long as you pay the premium.

If they do not tell you how to rectify the situation based on your old group policy number and you still receive no cooperation from your employer, make a complaint to the NY Insurance Department. You can find them listed on the NY State Home page.

They can help resolve this type of problem without litigation.

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Answered on 8/06/04, 2:58 pm


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