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MStrisik
MStrisik, Attorney
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Experience:  General practitioner; former litigator.
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I received a letter from my former employer asking me to remit

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I received a letter from my former employer asking me to remit charges incurred from COBRA coverage, actually one months COBRA payment. I was under contract with them to supply remote support for a period of 2 months, during which time they paid for 2 months of COBRA premiums. " It came to our attention that you did not pay your COBRA in December 2007 and January 2008. I (you) effectively canceled for non payment of premium on 12/01/07. However,due to the mandatory 30 grace period under COBRA Blue Choice was not able to actually terminate your policy until the first week in January. Although you did not make the payments you (I) continued to utilize the pharmacy benefits. " My former employer was charged for coverage in December '07 and January '08. There was no reimbursement through the Third Party Administrator for these cost due to the fact that I didn't make the payment. My wife's insurance had already kicked in. Keep in mind that my contract was for ONLY 2 months.
Submitted: 5 years ago.
Category: Legal
Expert:  MStrisik replied 5 years ago.

DearCustomer

 

Did you, in fact, utilize the pharmacy benefits portion of the employer's COBRA coverage after 12/1/07?

 

M. Strisik, Esq.

Customer: replied 5 years ago.
I personally don't remember, I think not, although I did receive a copy of prescription payments from them, this doesn't mean that the pharmacy actually processed or that the insurance company paid those benefits. I am going to get the records from my pharmacy today, but they can only supply me with January 2008.
I will have the information before 5pm today.
Customer: replied 5 years ago.
The summary I received a copy of shows some amounts paid and mostly no benefits paid to the pharmacy after 11-30-07. The benefits paid after 11-30-07 is less than $100. and shows that the provider DID NOT pay benefits and paid some on 12-07-07 for what I'm not sure. I could fax a copy to you, if that would help.
Customer: replied 5 years ago.
According to the information I received from the pharmacy we did in fact utilize the prescription benefits part of the employers program, probebly not realizing that those benefits were still being billed. Yeah I know sounds a little hoaky for an excuse but by that time my wifes insurance prescription benefits were also in place.
Realistically the former coverer should not have paid any benefits since the coverage had in fact lapsed.
Expert:  MStrisik replied 5 years ago.

Thanks for the legwork.

 

I know you don't want to hear this, but unless you have something from your former employer indicating that they would pay for your COBRA coverage between 12/1 and 1/1, then you will be responsible to them for the use of such benefits after 12/1.

 

M. Strisik, Esq.

MStrisik, Attorney
Category: Legal
Satisfied Customers: 288
Experience: General practitioner; former litigator.
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