NEW YORK -- There is a loophole in the COBRA LAW so companies can get out of it which needs legislation. Please everyone here write to congress. For companies who do not willingly want to give it, they can claim a payment was late and are not obligated to let you know you were cancelled!Morally that is reprehensible and I would hope any human with a heart would agree, but surprise, surprise, some people have no concern. Once a time period elapses, you are taken off the COBRA. I emailed and called non stop asking why the last checks were not being cashed but was not responded to. I cannot send these checks directly to AETNA, which would have prevented my being in the dark about cancellation. The administrator can be very sneaky and just cancel then wait so that you do not find out til it is too late.We should be given that choice to deal directly so this cannot happen.
After my divorce I was entitled to COBRA from the firm my company has worked for almost 16 years. I asked if I could remain on the family plan but the attorneys nixed that and so my ex told his Benefits Dept. to take me off. Originally my ex and I agreed he would pay medical for several years and I knew that was the way it would work smoothly between us.It is standard for that to be done. But his lawyers knew otherwise and wanted to be a bigshot at my expense. Since I was unemployed, my only option to have continuous coverage at a reasonable group rate was to get COBRA, a Federal law that mandates I be given insurance. That is the area in which I fit neatly, per law and per design.
I filled out the COBRA forms and mailed/faxed in the payment, addressed to his company. This was done timely. The check was not cashed for more than a month and I was sent a new card ( AETNA claims in error) but this time, again "family". I was OK with that as it is not uncommon to be carried by an ex on the family plan. But Aetna said that was an error. So finally, after prodding my ex, I was sent the individual AETNA plan card and I sighed in relief. I spoke to a Benefits woman who was highly disrespectful (as I am THE ex-spouse, so however the ex dictates,that is how they fall in line too,and our relationship just deteriorated. But I asked my ex to find out why I had no insurance card when we were still amicable, and he also paid that one time, from money he owed me.Benefits told me to send my checks in before the 20th and I did so, but she never cashed them. I tried calling and leaving messages, every day, about why never cashed and I have several emails to the ex as proof. I did take care of my affairs and a professional would have done her job to enforce COBRA but here it was a power thing. I did all proper steps to ensure coverage.Their case hinges on accusing me of being a rude person (I am not) but labels stick and cause the ruining of reputations. Rude people do need health insurance.Criminals need health insurance. Anyone on earth good or bad needs health care. If anytime someone decides you are rude they can terminate benefits few would have insurance. How could I dream she might deny receiving them timely as all I had was timely entries? I am a professional and do not work that way and would not expect anyone else to. So I sent the last check certified, and it was signed for, proving they were received as none were returned.I was wondering if they moved, still giving them the benefit of the doubt that they could not possibly be this callous. But apparently they just did not deposit, as though not received.. She is either showing no compassion about my situation or deliberately saying a payment was not given her or simply made a clerical error. I would easily choose the latter, but have not had that corrected. It is being covered up if it was their error and I am being blamed. I am being denied what the Federal Law gave me. This is cold hearted .IT IS MY RIGHT GIVEN TO ME BY CONGRESS AND A CLERICAL ERROR BY THE FIRM SHOULD NOT CAUSE CONSEQUENCES TO ME AND NONE TO THEM! That any one person can try to keep me from getting health care, sadly and put me through THIS, is mind boggling! Who can I report this to and what can I do? Aetna says they have me in their system until 091409 ( that is after I proved they cashed August check).Until I produced that check they had me cancelled 082109 ( fishy) THAT IS WHY COBRA IS MANDATED BY LAW. BUT there is a HUGE loophole so companies can get out of it which MUST be fixed. Please everyone here write to congress . For companies who do not willingly want to give it, they can claim a payment was late and ARE NOT REQUIRED to let you know so can you remedy it.I only found out when I went to a doctor! I am extremely upset. Any suggestions? Is there a Commission to review this? Labor Dept has been notified and is working on it but so far I still do not know. They seem to want to just get the case closed any which way and a big firm catches their attention more than a simple woman in need. Again, I questioned this continuously. This is terrorizing and frightening me beyond belief. IT IS A NECESSITY! I should not be fighting this fight all over again. CONGRESS AGREED WE DO GET THIS BENEFIT AS AN EX SPOUSE. THAT IS WHY A LAW WAS PASSED. It is NOT up to someone deciding it again, at all. It is a Law in place for all.For rude people and nice people and young people and all who fall into it. As I do. To allow me on it just to then cancel and not notify was NOT why this law was passed and legislated. Please everyone ask why the cancellation to the individual is not required so this law can be enforced as needed.
By the way, companies who are not afraid will just give that excuse. And more often they will have a simple clerical error and cover it up and say it was the person's fault and get away without consequences. Are they not afraid of God though? Heartless anguish totally unnecessary. Do unto others is not their motto.
I am still praying this will take a turn for the right course.
But I do intend to write Congress why this loophole is there. But really folks, if a human being is receiving monthly timely checks they have a clue you are sending for a reason. Luckily I saved the emails.
Thanks again all.