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Cobra Health Message Board


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Posted by GLENDA CLAPPER on January 14, 2003 at 22:03:17:

In Reply to: cobra penalties posted by Krystal Miguel on June 23, 2003 at 08:37:51:

: I went on workers comp leave 5/02 and became pregnant the same month. With no other coverage i contacted my employer to find out my status. I was ASSURED by HR that i was still covered by the companies health ins plan.(which was 70/30 incidentally) For the past year the Benefits management co (EBMS) paid their portion of my medical bills and further verified coverage information for me when i had occassion to contact them directly.

: During a conversation between HR and my immediate supervisor regarding my WC status they came to the realization that I shouldn't be eligible for medical coverage and notified the plan administrator of my non active status. They notified the plan administrator 5/23/03 and the letter terminating my insurance RETROACTIVELY was faxed to my home 6/11/03. I only became aware of this situation when a health service provider was denied payment based on my being "terminated". I contacted my employer and plan administrator. It was that contact that prompted the faxed letter demanding payment of 7K within 15 days.( premiums for the past year) I find it laughable that they are offering cobra now. Even while they refuse payment for the covered period while simultaneously requesting the premiums from me.
: I am taking HR courses for retraining so i have some idea how NOT okay all of this is and have contacted the department of labor for an investigation.

: That being said my question revolves around penalties. This employer has DEFINATELY had WC cases before and i have reason to believe their action against me is retalitory. (little comments made to the immediate supervisor regarding my WC status and the law suit) Am I limited to the 110.00 per day (or entitled to it since the plan administrator was unaware due to the employers negligence) penalty? Does bad faith come into play on Cobra penalties? I was ineligible for other, more cost effective, healthcare by virtue of the coverage of my employer. I have paid all of my portion of said medical expenses.

: thank you for your time and response





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