QUESTION
I never received COBRA information.
Asked on Jan 28th, 2016 on Labor and Employment - North Carolina
More details to this question:
While on FMLA I resigned from my job of 10 years, due to the fact that my newborn has many medical issues and we needed to relocate closer to family. This was on 11/4. With all of his medical issues and due to the fact that we see several specialists, I contacted the corporate office from my former employer to find out when my insurance would end. At that time I found out my resignation was refused and my insurance would end at the end of the month. After not receiving COBRA information, I contacted the office again on 12/9 to make sure they had my current address and was told that they did and that the package would be mailed out within a week. I still have not received it. Due to this my son was unable to receive treatment that was already started due to his heart condition.
1 ANSWER
4 Awards
I have handled a number of these types of claims. Basically, the insurance adminstrator for COBRA purposes, which may or may not be the employer, must send the COBRA paperwork within the time provided by law. If it does not do so, it is subject to a per day fine of upto $110 and attorneys fees. Further, it will be responsible for any uncovered or non-reimbursed medical costs if same would have been covered under the health plan if the employee had not left employment.
Answered on Jan 29th, 2016 at 12:20 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.