Legal Question in Employment Law in Ohio
Supposed to have health ins, but I am being rejected
During March 2006, I was in need of medical attention, I was unsure whether my employer had actually entered me into the medical ins program yet because I had not received paperwork about it and the chic in that position is extremely incompetant. I am unsure if insurace kicks in 30, 60 or 90 days after start date, but all those are past because my start date was 12/5/05 and the medical vists were 3/12 and 3/14. When I asked about ins and what our group number was she said we are in the middle of changing providers and she was unsure what to do, and said I am covered to just go to the doctor and do self pay and then give her the bills and she would submit them to the insurance company.Well, I have since then given the both insurance companies info and both are rejecting me. One says they never heard of me and the other says medical services were performed 2 weeks before my coverage start date. I have been giving these bills to my employer each time they come for months now. They just keep saying they are being taken care of, but they have started to come from collection agencies . This is about to hit my credit report and I do not think this is appropriate for my place of employment to damage my credit report. What can be done?
1 Answer from Attorneys
Re: Supposed to have health ins, but I am being rejected
Assuming that you are not a public/government employee, your claim for benefits is likely governed by ERISA (a federal statute). You should therefore, speak to an attorney who practices or at least is very knowledgeable about ERISA (I am not one of them). If you do not receive any useful responses under the practice area you chose (labor and employment), you may want post your question under �insurance law�. Short of that, you may get your employer�s attention if you advise it in writing that its failure to provide coverage (as the plan sponsor, plan administrator or both) may constitute a breach of its fiduciary duties under ERISA. It is also possible that the U.S. Department of Labor, which enforces ERISA, accepts and investigates complaints of alleged ERISA violations.
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