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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My medical benefits became effective on 06/01/2013. However,

Customer Question

My medical benefits became effective on 06/01/2013. However, my assignment ended 96/21/2013. The benefits stayed in effect unt 06/30/2013. As of 07/01/2013 I became eligible for COBRA.

ON 07/24/2013,I contacted the company's 3-party administrator--Troy. Troy indicated he check and I should be receivingcontacted a COBRA packet shortly.

On 08/21/2013, I emailed Troy again asking about the status of my COBRA. HE again indicated he would check ans get back ti me with information by the end of the day.

On 08/29/2013, I emailed Troy and copied the HR Director on the email. I indicated that I still had not received any COBRA information and while I did not want to go into a lot of detail , it was extremely imposertant that covere be established as my brother requires a kidney transplant and I am to be his donor.

I received a response from the HR dire tor indicating that there had been for a problem with the electronic feed Blue Shield and according to Troy the medical benefits will be effective. 07/01 and COBRA would be effective as of 08/01. I copied her and Troy that benefits shoul
d be effective 06/01 ending 06/30 and COBRA eligibity would be effective 07/01.

I received an email response from Troy on 08/30, indicating he would inquire into what was occurring with my COBRA.
I responded that this was rather odd. According to the HR Director's email everything had been corrected. Additionally, more than 60 days had now lapsed, which according to my understanding, would result in my inability to obtain coverage as the eligibility time frame had passed. How should I proceed?
Troy, indicated he would get back to me before the end of the day (08/30).
. How should
I am still waiting for a response. How should I proceed?

Thank you,

Merlynn Bertini [email protected]
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.

Good afternoon Merlynn,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While it is not unusual for COBRA snafus to occur, you don't need to be concerned. Your 60 days does not begin to run until you receive your offer of COBRA coverage from the COBRA program administrator for the insurance company. In the meantime though, do save the money that you would be paying monthly to COBRA because your COBRA is backdated to the very first day that you lost coverage through your employer and you must pay all the premium arrears owing when you apply.

COBRA regulations provide: Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.

The plan administrator's failure to comply with the law in terms of notifying you, will not result in you becoming ineligible for coverage.In the meantime, go to the doctor as you normally would, and when the COBRA coverage is activated, your prior medical bills dating back to the beginning of the policy period will be paid.

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I wish you the best in your future.