Legal Question in Health Care Law in Rhode Island
Elective benefit enrollment
During open enrollment for health benefits we were required to give proof of other insurance. Therefore i copied my card and paper work and sent it in (they claim they didnt get it)so i faxed it 3 times over 2 months (they claim they didnt get it) now they are charging me every week for insurance that i dont want or need and they are claiming in our benefits office that they can charge me for a year because their policy is that you can only make changes during open enrollment...i faxed it again this time they have my info and i have written an appeal to the head of the department but it seems like stealing to me ...its almost a thousand dollars(which i cant afford and just in the ER where i work 3 other people are having the same problem....can they legally do this?
Thanks so much [email protected]
1 Answer from Attorneys
Re: Elective benefit enrollment
No they cannot charge you for what you do not want or need. However as you can see they play the game of "you didn't cancel in the way that you were supposed to cancel" If you have the proof that you say, i.e. a confirmation sheet that the fax was received by them, then you have fulfilled the requirements of the contract and they are in breach for continuing to charge you. Generally a strongly worded letter from a lawyer with the proof documents under the threat of an immediate lawsuit for damages will get them to stop charging. You must also put in a WRITTEN! demand to stop automatic payment from you check to your payroll department.
My firm and I are also certainly willing to help you and the others with this problem, please feel free to call.
Jules J. D'Alessandro, Esq.
D'Alessandro Law Associates
1515 Smith Street
North Providence, RI
Tel: (401) 353-0440
Fax: (401) 353-0344
E-Mail: [email protected]
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