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Old 09-26-2009, 10:32 AM
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Default Re: COBRA Cancelled My Coverage Retroactive 2 Months, Now I'm Being Charged Pharmacy Bill

My November payment was apparently late. The said the postmark was dated after the due date. But is it right to tell me that two months later?
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Old 09-26-2009, 10:32 AM
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Join Date: Jun 2009
Posts: 451,493
Default Re: COBRA Cancelled My Coverage Retroactive 2 Months, Now I'm Being Charged Pharmacy Bill

I would suggest you were told this before your Cobra coverage even started. It is included in any Cobra letter I have ever read. I believe it may even be required verbiage but not sure of that at all.



this is from a pamphlet from the DOL concerning COBRA and notification of termination of coverage:





<div>




Quote:





The notice

must be given as soon as practicable after the decision is made, and it

must describe the date coverage will terminate, the reason for

termination, and any rights the qualified beneficiary may have under

the plan or applicable law to elect alternative group or individual

coverage, such as a right to convert to an individual policy.



<div>

it also includes this:





<div>




Quote:





When you elect continuation coverage, you cannot be required to send

any payment with your election form. You can be required, however,

to make an initial premium payment within 45 days after the date of

your COBRA election (that is the date you mail in your election form,

if you use first-class mail). Failure to make any payment within that

period of time could cause you to lose all COBRA rights. The plan

can set premium due dates for successive periods of coverage (after

your initial payment), but it must give you the option to make monthly

payments, and it must give you a 30-day grace period for payment of

any premium.

PAYING FOR CONTINUATION COVERAGE

18

You should be aware that if you do not pay a premium by the first day

of a period of coverage, but pay the premium within the grace period

for that period of coverage, the plan has the option to cancel your

coverage until payment is received and then reinstate the coverage

retroactively back to the beginning of the period of coverage. Failure

to make payment in full before the end of a grace period could cause

you to lose all COBRA rights.



<div>

I have seen this mentioned in several different sites. Was your payment not only late but also missed this (possible) grace period as well? If so, then you really are SOL. If this grace period is as it appears, then as long as your payment was postmarked within the grace period, then the insurance should have been reinstated.



I am not positive about the grace period. It's mention was so nonchalant with no real emphasis on it.





as to the notification; I read in several different sites of situations exactly like yours. Apparently that is not unusual.



The DOL oversees the COBRA plan. You might contact them for clarification of any possible grace period and how it may be beneficial to you.



Now, I am presuming you also made a december payment as well, yes? Were those checks cashed? If so, I suggest you may have a leg to stand on here. If they were returned, that should have served as notice as well. or at least thrown up a flag suggesting a problem that needed your attention.
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