Q:I was divorced in October of 2006. My wife’s employer failed to notify me of a termination in coverage. I was insured up until last month buying prescriptions etc without my knowledge, and then they retroactively canceled my insurance back till 2006 and sent me an UNCERTIFIED letter for coverage. They expect me to pay for coverage back from 2006 if I want the cobra. I purposely did not go to the doctor and paid as if I had no insurance this whole time. Is that legal for them to do that? Are they responsible to pay the back premiums and cover me for 36 months from the date of this official notification I just received?
A: Divorce or legal separation is a qualifying event for COBRA. When you came off of the group health plan you were to be notified of your COBRA rights and offered a continuation of that group health plan for up to 36 months. If the employer has more than 20 people it is a federal law that they notify you. If that past employer has not complied with the laws you should be able to contact the Department of Labor and they can help you with your issue at 1-866-487-2365.
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