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NYS Continuation Coverage Notification (Insurance Law)

Mon, 04 Jan 2010 12:35:00 GMT

I have an beleaguered issue with NYS Continuation coverage, which I cannot seem to resolve. I have called the NYS Dept of Insurance several times, and they keep deferring the issue to the Dept of Labor, who keeps deferring it back the the state.
I worked for an employer in NYS with under 2 employees. I was laid off on 9/17/ 9, and my coverage expired on 1 /14/ 9. My former employer refuses to send me written notification about Cobra/Continuation Coverage, although i have requested it via email over 2 times. i have a friend who is an attorney, who has tried to act as an intermediary, although he has no knowledge of Cobra.
What are the laws pertaining to Cobra Notification, since the Cobra Reform Act, and what are my rights, and what recourse do I have against this stubborn employer?
Thanks...What is the name of your state (only U.S. law)?

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  • Mon, 04 Jan 2010 14:34:00 GMT(1)
  • Google NYS Insurance Law s.3221. It's enormous so I am not quoting it in full, nor have I read the whole thing, but this portion stuck out at me:

    Quote:

    (H) The insurer shall provide written notification of the continuation
    privilege described in this subsection and the time period in which to
    request continuation to the employee or member:
    (i) in each certificate of coverage;
    (ii) at least sixty days prior to termination at the specified age as
    provided in the policy; and
    (iii) within thirty days of the effective date of this subsection,
    with respect to information concerning a dependent child's opportunity,
    for twelve months after the effective date of this subsection, to make a
    written election to obtain coverage under a policy pursuant to
    subparagraph (C) of this paragraph.

    To be certain though, I'd take it up with the State Dept of Insurance at the number cbg posted earlier.
  • Mon, 04 Jan 2010 16:41:00 GMT(2)
  • That makes much more sense to me.
  • Mon, 04 Jan 2010 12:47:00 GMT(3)
  • This has nothing to do with COBRA, since your employer had under 2 employees. COBRA does not apply. Employers with under 2 employees have no legal obligation to offer COBRA.
    In NY, state law provides that a COBRA-like coverage must be provided to employees of employers of under 2 employees. But if you are referring to it as COBRA, I can understand the confusion. Although COBRA has become an umbrella word for any kind of coverage continuation, it legally only applies to employers of over 2 employees.
    Have you made your request to the employer IN WRITING? If not, do so immediately since you have already gone beyond the 6 days you have to apply.
    If you have, your recourse is through the NY Ins. Department Consumer Services Bureau. Their number is (212) 48 -64 or 1-8 -342-3736. Be sure that you make it clear that you are NOT talking about Federal COBRA, but NYS continuation coverage.
  • Mon, 04 Jan 2010 13:05:00 GMT(4)
  • The Cobra/Coverage Continuation terminology is a little confusing to a lay-person, so i do apologize. That being said, are there NYS Continuation notification laws, similar to Cobra Notification laws, that mandate my former employer notify me of coverage information?

    Quote:

    Originally Posted by cbg

    This has nothing to do with COBRA, since your employer had under 2 employees. COBRA does not apply. Employers with under 2 employees have no legal obligation to offer COBRA.
    In NY, state law provides that a COBRA-like coverage must be provided to employees of employers of under 2 employees. But if you are referring to it as COBRA, I can understand the confusion. Although COBRA has become an umbrella word for any kind of coverage continuation, it legally only applies to employers of over 2 employees.
    Have you made your request to the employer IN WRITING? If not, do so immediately since you have already gone beyond the 6 days you have to apply.
    If you have, your recourse is through the NY Ins. Department Consumer Services Bureau. Their number is (212) 48 -64 or 1-8 -342-3736. Be sure that you make it clear that you are NOT talking about Federal COBRA, but NYS continuation coverage.

  • Mon, 04 Jan 2010 13:28:00 GMT(5)
  • Not that I was able to find. Everything I found referred to the employee applying, not the employer notifying.
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