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I just received a letter from my COBRA administrator company…

I just received a letter...
I just received a letter from my COBRA administrator company (Basic Pacific) that my plan has been dropped and my coverage will end on October 31. I have emailed the HR admin at my old job to find out the name and contact info for the new COBRA admin company.
First, can you help me determine my rights regarding notification about the change? Second, I had paid Basic Pacific through the end of this year for coverage; they said they'd issue a refund. I'm much more concerned with a break in my coverage than I am with a refund.
The HR admin at my old job told me that she had "spoken to ADP who will be handling the new COBRA system and have instructed them to send you the new COBRA information via your email address to expedite matters. You should receive the materials via your email at the end of the day or tomorrow. Please note you will not have a gap in COBRA coverage during the transition."
She has not answered my further questions regarding a gap in coverage or any details about a person to be in touch with at ADP.
I can't believe that I was only notified a week before my coverage ends!
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Answered in 12 minutes by:
10/24/2016
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,815
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is a termination of benefits under COBRA because the employer is changing companies, they have to extend you the same rights under COBRA with the new company. Failure to provide you the information to continue your benefits would violate COBRA and you would call the US Department of Labor, who handles COBRA complaints and you would be surprised how fast they resolve these issues and get benefits reinstated with the new insurer. There should not be any gap in coverage and if there is because the employer failed to set this up properly, the employer would be liable for fines and also for paying any costs you incur that should have been covered by insurers.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,815
Experience: 20+ Years of Employment Law Experience
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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