I had so many requests for "what do I write my former employer / health plan administrator," I decided to write a sample demand letter. Send this one before mailing the more sinister Sample #2 Justice Seeking Litigant COBRA Demand Letter.
If you are unable to get your Health Plan Administrator to send you COBRA documentation or a rejection letter, then you may decide to send them a written notice.
Word of warning: You may not want to send the letter below for many reasons:
If you have a chronic expensive condition, you may want to skip the pleasantries and talk to a lawyer. Sending the below will take several days and you'll wait even longer for them to respond (or not).
It may not fit your situation. It has not been drafted by your lawyer or even a lawyer.
The letter may become outdated while I'm gardening. COBRA has been amended over a dozen times!
Not a substitute for licensed legal advice. Again, I'm not a lawyer.
I actually produce things. I'm just a guy that knows
a lot about COBRA.
Consumers are welcome to use it as a template (but not sold or used for commercial republishing).
The problem
may be the third party administrator. If they never get notified by your employer that you lost your health insurance, they might be in the dark. So cc everything to your employer.
Also, you have 44 days to get your COBRA notice. Don't send the letter if you've lost your health insurance a week ago.
They may have noticed you. An employer could actually e-mail or verbally give you the COBRA instructions, even though it's not recommended. Make sure they did not give you notice in unexpected, non traditional form.
The most embarrassing: Do they have your old address? They are only required to send the final COBRA notice to your last known address (Unless informed of an updated address).
Lastly: have you tried something different? Make just one call but to a different higher up. Send an email to the head of the department. Many companies put one person or rep in charge of COBRA, and usually when you need it, they are on sabbatical.
But playing nice and sending
the below letter could not hurt you, Except for all the expensive medical procedures you don't have covered..
Sample Sugar n Spice COBRA Demand Letter*
Your name Your address Your telephone number
Date
Name of Health Plan Administrator
Health Plan Administrator
Dear Health Plan Administrator:
This is my first request under the provisions of the Consolidated Omnibus Budget Reconciliation Act, I would like a COBRA notice election document [or request an unavailability notice, if I do not qualify for COBRA].
[The description of the COBRA compliance failure]
On or about {date}, I (and ____________ ____________ ) lost my (our) health insurance. It's been_____ days past the 44 day requirement and I have not received my
required COBRA notification.
I wrote you a
friendly reminder two weeks ago on __ / __ / ____.
I left #_____ voice messages at phone number ___ - ____- ____ on _____ and ____.
I emailed __________________ at _______ @ _______ on _____ and ____.
To date I have not
gotten a response either providing me the COBRA notification, or an ineligibility letter. I believe you have my correct address as listed above. I am sending this letter so I can get covered before losing my COBRA rights, protect my credit score, and preserve my medical care.
Your prompt attention to this matter is appreciated..
Sincerely,
Your Name
CC Your Former Employer
Your Former Employer Address
* Read our legal disclaimer! Get everything approved by your lawyer before sending this document. We are providing you with info, not specific legal advice.
Craig Casey is an Writer, Coach, Blogger, Husband, and Former Health Insurance Agent helping people on the web since 1999 with their health insurance problems.
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