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Thank you. I have had coverage for Health thru my husbands…

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HI, thank you....

HI, thank you. I have had coverage for Health thru my husbands company. In July I called them regarding my medicare that would be effective 9/1/17. I asked if they provided any secondary insurance they said no. I told them as of 9/1/17, I would be off of their group policy and I sent all of my official ID cards for medicare, Aetna, Humana. I never heard back. Now I find they never cancelled my insurance and that insurance is over riding my medicare. They told me federal law prohibits them from canceling me now until June 2018 because I did not give the proper letter from Aetna, the secondary insurer, so they never cancelled me. They never offered me anything and now it will cost me thousands of dollars to pay for their policy plus the ones I have due to medicare. They told me federal l,aw said I can't cancell until June. Is this true?

Lawyer's Assistant: Have you contacted the manufacturer?

Who? you mean Blue Cross/Blue Shield? That is who they use. I contacted Highmark, the billing company who is sending me bills and they said I should be cancelled at any time. The employer said they re wrong.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, is this a free question?

Submitted: 7 months ago.Category: Legal
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Answered in 46 minutes by:
12/12/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,785
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Actually, they cannot cancel you until the open enrollment period, that is true. HOWEVER, they ARE BOUND TO PAY YOUR CLAIMS if you have their insurance and Medicare under the secondary payee rules. Since it is your husband's insurance Medicare pays first and Aetna is the secondary payee. So even though they did not cancel you, Aetna still has to insure you and pay under medicare rules.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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