What to do if employer not paying for COBRA as promised?

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What to do if employer not paying for COBRA as promised?

I was laid-off 10/28/10. My employer agreed to pay 2 months of COBRA premiums. The money to cover the preimums was paid by them and then deducted from our final check to cover both months on the same day. My employer did not forward the payment to the 3rd party administrator automatically so there would be no lapse. We recieved enrollment forms until 11/12/10. The enrollment form was recieved 11/15/10. It is now 11/29/10 and my insurance is still lapsed because they still have not sent payment. Is that legal considering I technically already paid. How long do I have to wait?

Asked on November 29, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your coverage should have been in place at this point in time so what happened here needs to be investigated.  I would contact the third party administrator as well as your former employer on the matter.  See what each of them says.  What type of Cobra coverage is it?  Is it Cal-Cobra?  Really it does not matter.  If you can get no answers from the plan administraotr or your former employer then contact the California Department of Insurance to file a complaint.  They can answer questions for you on continuation of coverage issues as well.  You can also contact the US Department of labor on the matter.  They can be another source of help. Good luck. 


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