Legal Question in Employment Law in Pennsylvania
Activation of Cobra Benefits
RE: Activation of COBRA Benefits.
I elected my COBRA benefits to start on December 1, 2005. I have the Certified mail receipts indicating my former employer received the documentation from me. As of this date, my benefits are still not active and I've received nothing from them. I've had to pay out-of-pocket for medications, doling them out a week at a time. What is the window in which they must activate my benefits? And what legal recourse do I have against them?
1 Answer from Attorneys
Re: Activation of Cobra Benefits
45 days is considered normal. But all amounts are reimbursable as though you never lapsed coverage. In other words, if the meds were priced higher because you appeared uninsured, make sure you complain so that the insurer reimburses you for the actaul difference between the co-pay and the price and not just the co-pay and the formulary price. (It's a pet peeve of mine, and take the insurers to small claims to force them.)
You really have no legal recourse as there is no harm, unless in some circumstance you were denied life saving measures because you were uninsured. Just keep harping on them until your benefits get processed and reinstated.
I don't need to tell you to keep those payments up to date religiously. If the time comes where COBRA runs out, make sure you buy a replacement policy immediately (high deductible policies are fairly cheap).
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