Legal Question in Employment Law in New York

Employee Health Insurance Coverage
I was employed at a law firm from 1/26/04 to 7/29/05. I had insurance coverage beginning 4/26/04. I gave notice on 7/20/05 to terminate my employment as of 7/29/05. I began a new job on 8/1/05. Since my new employer offered insurance coverage from the first day I declined COBRA coverage. On 7/1/05 I was taken by ambulance to an emergency room. Today 8/18/05 I received notice from the insurance company that coverage was declined. I called the company and they said insurance was terminated as of 6/30/05. I was not told by my employer that I would not be covered for the month of July. I called my former benefits manager but she will not be in until Tuesday 8/23/05. My question is: is my former employer obligated to provide coverage for me for the months of July.

Asked on 8/18/05, 7:19 pm

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Employee Health Insurance Coverage

You should have been covered. If you decide not to take COBRA, you do it when you get a COBRA notice.

The plan has an obligation to notify you of Cobra entitlement, independent of whatever your employer does.

If the policy was cancelled for non-payment of premiums before you gave notice, your employer should be responsible.

Cobra notices also serve another purpose these days. With the change in policy requirements for exclusions for newly insured individuals,

cobra notices usually state the period of your coverage cotinuously until a gap.

You ought to email the State Insurance Department

to get to the bottom of this.

Answered on 8/19/05, 5:18 pm

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